Suspension Length Depends on Your State and Whether It's Your First Offense
A DUI suspension is not the same across all states. The length of time your license is suspended depends on which state you were convicted in, whether this is your first DUI or a repeat offense, and sometimes whether you refused a breath or blood test. Most states suspend licenses for a minimum of three months to one year for a first offense, but some go longer. A second or third DUI within a certain period — usually five to ten years — results in longer suspensions, sometimes two to three years or more.
The suspension begins on a specific date set by your state's Department of Motor Vehicles or equivalent agency, not when you are sentenced in court. You will receive a notice in the mail telling you when the suspension starts and when it ends. Some states allow you to drive during a portion of the suspension with a restricted license for work or school, but others do not. You cannot legally drive during a full suspension, even for emergencies.
Key Takeaways
- A first DUI suspension typically lasts three months to one year, depending on your state and whether you refused a chemical test.
- Second and third DUIs within five to ten years result in suspensions of one to three years or longer in most states.
- Your suspension period is set by the DMV, not the court, and begins on a date specified in your notice — not on your sentencing date.
- Some states allow a restricted license for work or school during part of the suspension; others do not permit any driving.
- You must complete all court-ordered requirements, including DUI school and any probation, before your license can be reinstated.
First DUI Offense: Typical Suspension Periods by State
For a first DUI conviction, suspension lengths vary widely. California suspends for six months; Texas for 60 days to two years depending on blood alcohol content; Florida for six months to one year; New York for six months; and Ohio for six months to three years. Some states like Colorado and Washington suspend for nine months to one year. A few states, including Virginia and North Carolina, may suspend for one year or longer even on a first offense.
If you refused a breath or blood test during the arrest, your suspension is often longer than if you took the test and failed it. Many states have a separate "refusal suspension" that runs concurrently with or before your conviction suspension. For example, in California, a refusal adds a one-year administrative suspension on top of any court-ordered suspension. In New York, a refusal suspension is one year, while a conviction suspension is six months — they run at the same time, so the total is one year.
Your blood alcohol content (BAC) at the time of arrest can also affect suspension length in some states. A BAC of 0.08 or higher is the legal limit for drivers 21 and older in all states, but some states impose longer suspensions for a BAC of 0.15 or higher. Texas, for example, suspends for 60 days at 0.08 to 0.14 BAC, but 120 days at 0.15 or higher on a first offense.
Second and Subsequent DUI Offenses: Extended Suspensions
A second DUI within five to ten years (the lookback period varies by state) results in a much longer suspension. Most states suspend for one to three years. California suspends for two years; Texas for two years; Florida for five years; New York for one year; and Ohio for one to five years depending on prior convictions. Some states like Virginia suspend for three years on a second offense.
A third DUI within the lookback period can result in a permanent or indefinite suspension in some states, though you may be able to request reinstatement after a waiting period. Virginia, for example, suspends indefinitely after a third conviction within ten years, but you can petition for reinstatement after three years. Other states like California impose a ten-year suspension on a third offense within ten years.
The lookback period — the window of time in which prior DUIs count toward your record — is typically five to ten years but varies by state. In some states it is seven years; in others, ten years or even lifetime. This matters because a DUI outside the lookback period may not count as a prior offense, and you may be treated as a first-time offender for suspension purposes.
Restricted Licenses and Hardship Exceptions
Many states allow you to obtain a restricted license (also called a work permit or occupational license) during part of your suspension period. This license permits you to drive only for specific purposes: commuting to and from work, attending DUI school or counseling, medical appointments, or court-ordered activities. You cannot use a restricted license for any other purpose, including grocery shopping or social activities.
To get a restricted license, you typically must request one from your DMV and meet specific conditions. You may need to install an ignition interlock device (a breathalyzer connected to your car's ignition) at your own expense, usually costing $60 to $150 per month. You must also show proof that you have enrolled in a DUI education program and that you have no other suspensions or holds on your license. Some states require you to wait a certain period — often 30 to 90 days — before you can request a restricted license.
Not all states offer restricted licenses. Some, like New Jersey and New Mexico, do not allow any driving during a suspension. Others, like Arizona, require an ignition interlock device as a condition of any restricted license. Check your state's DMV website to see whether a restricted license is available in your situation.
What You Must Do Before Your License Is Reinstated
Serving your suspension period is only the first step. Before your license can be reinstated, you must complete all court-ordered requirements. These typically include a DUI education program (also called a DUI school or alcohol awareness course), which usually lasts four to 12 weeks depending on your state and offense history. You must provide proof of completion to your DMV.
You may also be required to complete a substance abuse assessment and any recommended treatment, pay all fines and court costs, and provide proof that you have paid them. Some states require you to maintain proof of auto insurance for a certain period — often three years — and to file an SR-22 form (a certificate of financial responsibility) with your insurance company and DMV. If you fail to maintain insurance during this period, your suspension can be extended or reinstated.
Once your suspension period ends and you have completed all requirements, you must submit your paperwork to your DMV and pay a reinstatement fee, which typically ranges from $50 to $300 depending on your state. Your license will not automatically return; you must take action to restore it. Some states require you to retake the written or driving test before reinstatement, though this is less common.
How Administrative and Criminal Suspensions Work Together
You may face two separate suspensions: an administrative suspension imposed by the DMV when ready after your arrest, and a criminal suspension imposed by the court after conviction. These run at the same time in most states, but the dates and lengths can differ.
The administrative suspension begins within days of your arrest and is based on the arrest alone, not on conviction. If you refused a chemical test, the administrative suspension is often longer — typically one year. If you took the test and failed, the administrative suspension is usually shorter, often 30 to 90 days. You have the right to request a hearing to challenge the administrative suspension, but you must do so within a short window, usually 10 to 30 days of your arrest.
The criminal suspension begins after you are convicted in court and is based on your sentence. In most states, the administrative and criminal suspensions run at the same time, so the total suspension period is the longer of the two. However, in some states they run consecutively (one after the other), which can extend your total suspension time significantly. Check your court documents and DMV notice to understand which suspensions explore to you and whether they run at the same time or one after another.
State-by-State Suspension Lengths at a Glance
| State | First DUI | Second DUI (within lookback) | Third DUI (within lookback) |
|---|---|---|---|
| California | 6 months | 2 years | 10 years |
| Texas | 60 days–2 years | 2 years | 2 years |
| Florida | 6 months–1 year | 5 years | 10 years |
| New York | 6 months | 1 year | Permanent (petition after 5 years) |
| Ohio | 6 months–3 years | 1–5 years | Permanent (petition after 10 years) |
| Virginia | 1 year | 3 years | Indefinite (petition after 3 years) |
| Arizona | 90 days–1 year | 1–2 years | 3 years |
| Colorado | 9 months–1 year | 1–2 years | 2–3 years |
This table shows typical suspension lengths for convictions. Refusal suspensions, administrative suspensions, and suspensions based on BAC level may differ. Always check your state's DMV website and your court documents for your specific situation.
Frequently Asked Questions
Can I drive at all during my suspension?
Not during a full suspension. If your state offers a restricted license and you meet the requirements, you may drive only for work, school, court-ordered activities, or medical appointments. You cannot drive for any other purpose. If your state does not offer a restricted license, you cannot drive at all.
Does my suspension start on the day I'm convicted or the day I'm arrested?
An administrative suspension starts within days of your arrest, before any conviction. A criminal suspension starts after you are convicted in court. Both are set by the DMV or court, not by you, and you will receive a notice in the mail with the exact start and end dates. The dates are not the same as your arrest or sentencing date.
What happens if I drive during my suspension?
Driving with a suspended license is a separate criminal offense and can result in additional fines, jail time, and an extended suspension. Your license may be suspended again for a longer period. You may also face civil liability if you cause an accident while driving on a suspended license.
Can I get my license back early if I complete DUI school before my suspension ends?
No. Completing DUI school early does not shorten your suspension period. You must serve the full suspension time set by your state. However, completing DUI school before your suspension ends allows you to request a restricted license sooner in some states, or to be ready for reinstatement as soon as your suspension period ends.
Do I have to pay a fee to get my license reinstated after the suspension ends?
Yes. Most states charge a reinstatement fee ranging from $50 to $300. You must also provide proof that you completed all court-ordered requirements, such as DUI school and any required treatment. Some states require you to retake a written or driving test, though this is less common.