Experiencing a DUI arrest and conviction in California can significantly impact your driving privileges, leading to a suspension of your driver’s license. Understanding the process for reinstating your license post-suspension is crucial for those hoping to legally return to the roads.
Below, we outline the necessary steps for license reinstatement and the difference between challenging a suspension and reinstating a license after serving the suspension period. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Reinstating Your License After a DUI
Once you’ve served the suspension period mandated by your DUI conviction, you can begin the process of getting your license back. This process involves several critical steps:
- Complete DUI School: Depending on the specifics of your case and previous record, DUI school can range from 90 days to 18 months. Completion of this program is mandatory for reinstatement.
- File Proof of Financial Responsibility: Known as an SR-22, this form must be filed with the DMV. It is typically provided by your insurance company, which will notify the DMV that you meet minimum liability insurance requirements. Be prepared for possible increased insurance rates due to the DUI on your record.
- Pay the DMV Reissue Fee: Once all other conditions are met, you’ll need to pay a reissue fee to the DMV, which usually ranges from $100 to $150.
Successfully completing these steps allows you to regain your driving privileges, assuming no other suspensions or legal obstacles.
Challenging a Notice of Suspension
Understanding the difference between reinstatement and challenging a suspension is important. A “Notice of Suspension” is given at the time of your DUI arrest, informing you that the DMV intends to suspend your driving privileges due to the DUI charge. You have the right to challenge this impending suspension by requesting a DMV administrative hearing within 10 days of your arrest.
What Happens at a DMV Hearing?
A DMV hearing is less formal than court trials and is conducted by a DMV hearing officer who may not have a legal background. The hearing focuses on specific issues:
- Legality of the DUI Stop and Arrest: The DMV will review whether the initial traffic stop and your subsequent arrest were legally justified.
- Blood Alcohol Concentration (BAC): The hearing will consider whether you were operating the vehicle with a BAC of 0.08% or higher, or if you refused to take a blood or breath test.
The standard of proof at these hearings is “preponderance of the evidence,” which is lower than the “beyond a reasonable doubt” standard used in criminal trials.
Understanding DMV vs. Court Suspensions
It’s important to note that DMV suspensions and court-ordered suspensions are handled separately:
- DMV Suspension: Occurs after a DUI arrest based on the circumstances outlined at the DMV hearing.
- Court Suspension: Happens after a DUI conviction in court, whether through a guilty plea or trial verdict.
Both types of suspensions can affect your driving privileges, but they are initiated and processed through different systems.
Duration of DUI License Suspensions
The length of your license suspension varies based on several factors, including the number of prior DUIs, the specific nature of the offense, and whether injuries were involved:
- First DUI Offense: Typically six months.
- Second Offense: One year, or two to three years without an ignition interlock device (IID).
- Misdemeanor DUI Causing Injury: Six months.
- Felony DUI Conviction: Up to five years.
Navigating the aftermath of a DUI in California can be complex and stressful. If you’re facing this situation, contacting a seasoned DUI attorney from Chambers Law Firm can provide you with the guidance and representation needed to address both DMV and court proceedings. Call Chambers Law Firm at 714-760-4088 to discuss your case and explore your options for getting back on the road legally.
