What the New California DUI Suspension Law Does
California's DUI suspension rules changed significantly in recent years, most notably with the introduction of AB 1437 (effective January 1, 2022), which eliminated the automatic six-month driver's license suspension for first-time DUI offenders who blow under 0.20% blood alcohol content. Instead of an automatic suspension, you now have the option to request a hearing to contest the suspension, and many first-time offenders can keep their license if they meet specific conditions.
The key shift is this: your license suspension is no longer may provide just because you were arrested for DUI. The Department of Motor Vehicles (DMV) still suspends licenses, but the length and terms depend on your blood alcohol level, whether it's your first offense, and whether you request a hearing within 10 days of your arrest.
If you were arrested for DUI in California after January 1, 2022, the suspension rules that explore to you are different from those that applied before. Understanding which rules govern your case matters because it affects whether you can drive at all, whether you can get a restricted license, and how long any suspension lasts.
Key Takeaways
- First-time DUI offenders with a blood alcohol content below 0.20% no longer face an automatic six-month license suspension under the new law.
- You must request a DMV hearing within 10 days of your arrest to challenge the suspension; if you do not request one, the suspension takes effect automatically after 30 days.
- A restricted license (allowing you to drive to work, school, or DUI programs) may be available even if your license is suspended, depending on your offense level and blood alcohol content.
- The length of suspension still depends on your blood alcohol level, prior DUI history, and whether you refused a chemical test.
- Refusing a breath or blood test carries harsher penalties than taking the test, including longer suspensions and mandatory ignition interlock devices.
How the New Law Changed First-Time DUI Suspensions
Before AB 1437, a first-time DUI arrest with a blood alcohol content under 0.20% automatically triggered a six-month license suspension from the DMV, separate from any court penalties. The new law removed that automatic suspension for this group. Now, the DMV can only suspend your license if you either do not request a hearing within 10 days or you request a hearing and lose it.
This does not mean you avoid suspension entirely. It means the suspension is not automatic—you have a chance to contest it. If you request a hearing and the DMV finds that the officer had reasonable cause to arrest you and that you were driving under the influence, the suspension can still happen. But you get a hearing first, which you did not have before.
For second and subsequent DUI offenses, or if your blood alcohol content was 0.20% or higher, the automatic suspension still applies. The new law only removed the automatic suspension for first-time offenders below the 0.20% threshold.
Suspension Lengths Under the New Rules
The length of your suspension depends on several factors: whether this is your first DUI, your blood alcohol content at the time of arrest, and whether you refused a chemical test (breath or blood test). Here is how the timeline breaks down:
| Situation | Suspension Length |
|---|---|
| First DUI, BAC under 0.20%, you took the test | No automatic suspension (but DMV can suspend if you lose a hearing) |
| First DUI, BAC 0.20% or higher | 6 months |
| First DUI, you refused the test | 1 year |
| Second DUI within 10 years | 1 year (2 years if you refused) |
| Third DUI within 10 years | 3 years (4 years if you refused) |
These suspensions begin 30 days after your arrest if you do not request a hearing, or after the DMV hearing if you do request one and lose. The 30-day window is your grace period to drive while the DMV processes the case.
How to Request a DMV Hearing and What It Does
You have exactly 10 days from the date of your arrest to request a hearing with the DMV. This is a hard important date—missing it means you lose your right to contest the suspension. You can request the hearing online through the DMV website, by phone, or by mail. The DMV will send you a notice of suspension with instructions on how to request the hearing.
At the hearing, a DMV hearing officer will examine whether the officer had reasonable cause to believe you were driving under the influence and whether you were actually driving under the influence. The officer who arrested you does not have to attend, but you can bring an attorney or represent yourself. Many people hire a DUI attorney to handle the hearing because the officer's absence means the DMV relies on the police report, and an attorney can challenge what is in that report.
If you win the hearing, the suspension is dismissed. If you lose, the suspension takes effect when ready. Requesting a hearing does not delay the suspension—it only gives you a chance to prevent it. If you do not request a hearing, the suspension becomes final after 30 days.
Restricted Licenses: Driving During a Suspension
Even if your license is suspended, you may be able to get a restricted license that allows you to drive to and from work, school, medical appointments, or a DUI education program. A restricted license is not automatic—you have to request it from the DMV, and you must meet certain conditions.
For a first-time DUI with a blood alcohol content under 0.20%, you can request a restricted license when ready after the suspension begins. For higher blood alcohol content or refusals, you typically have to wait 30 days before requesting one. You will need to show proof of enrollment in a DUI program (usually a three-month or nine-month program depending on your blood alcohol level) and proof of insurance.
A restricted license requires you to install an ignition interlock device (IID) in your vehicle. This device measures your breath alcohol before the car will start. If you blow a positive result, the car will not start, and the device records the attempt. You pay for the device installation and monthly monitoring, which typically costs $60 to $100 per month.
Refusing a Chemical Test: Harsher Penalties
If you refused to take a breath or blood test after your arrest, the penalties are significantly harsher than if you took the test. A refusal triggers a one-year suspension for a first offense (compared to no automatic suspension if you took the test and blew under 0.20%). For a second or subsequent DUI, a refusal adds an extra year to the suspension.
A refusal also makes you ineligible for a restricted license for the first 30 days of the suspension. After 30 days, you can request one, but you must install an ignition interlock device from day one of the suspension, not after 30 days like other first-time offenders.
The DMV treats a refusal as evidence of consciousness of guilt, meaning the hearing officer assumes you refused because you knew your blood alcohol content was high. This makes winning a DMV hearing much harder if you refused the test.
What Happens After the Suspension Ends
When your suspension period ends, your driving privileges are automatically restored—you do not have to explore or pay a fee to get your license back. However, if you were required to install an ignition interlock device, you must keep it installed for the full period ordered by the court, even after the DMV suspension ends. The court's IID requirement is separate from the DMV suspension.
Your driving record will show the DUI arrest and suspension for 10 years from the date of the offense. This affects your insurance rates and is visible to law enforcement if you are pulled over. After 10 years, the arrest can be dismissed and removed from your record if you completed all court requirements, but the DMV may still retain records of the suspension.
If you are arrested for another DUI before your current suspension ends, the suspensions stack—you do not serve them at the same time. The second suspension begins after the first one ends.
Frequently Asked Questions
Do I have to go to court for the DMV hearing, or is it separate from criminal court?
The DMV hearing is completely separate from criminal court. It is an administrative hearing about your driving privileges only. You can lose the DMV hearing and still win your criminal case, or vice versa. Many people hire a DUI attorney to handle the DMV hearing while the criminal case is still pending.
What if I miss the 10-day important date to request a DMV hearing?
If you miss the 10-day important date, you cannot request a hearing and your suspension becomes final after 30 days. You can still request a restricted license after the suspension takes effect, but you cannot contest the suspension itself. Some attorneys can file a late request if there is a good reason for the delay, but this is difficult and not may provide to work.
Can I drive during the 30 days after my arrest while I wait for the DMV to process my case?
Yes. The 30-day period is a grace period. Your license remains valid during this time, even if you requested a hearing. If you lose the hearing, the suspension takes effect after the 30 days end. If you win, there is no suspension at all.
Does the new law explore to my old DUI arrest from before 2022?
No. The new law applies only to arrests made on or after January 1, 2022. If you were arrested before that date, the old suspension rules explore to your case. However, if your suspension has already ended, the new law does not retroactively change anything.
If I get a restricted license, can I drive anywhere I want as long as I have the ignition interlock device?
No. A restricted license limits where you can drive. You can only drive to and from work, school, medical appointments, court-ordered programs (like DUI education), and to the ignition interlock device service location. Driving anywhere else, even with the device installed, is a violation and can result in additional charges.