How long will you be suspended or revoked?

If your blood or breath test results showed .08% or more, and it’s your first offense, your license will be suspended for four months.

If you’ve had one or more previous offenses in ten years, your license will be suspended for one year.

If you refused or failed to complete the blood, breath or urine test, and it is your first offense, your license is suspended for one year.

If it is your second offense within ten years, your license is revoked for two years.

If this is your third or more offenses within ten years, your license is revoked for three years.

You cannot get a restricted license if you refused or failed to complete a chemical test.

If it is your first offense you may be eligible for a non-commercial restricted drivers license if you were age 21 or older at the time of your arrest.

To receive a non-commercial restricted drivers license you must provide Proof of Enrollment (DL 107) in a California Depart of Alcohol and Drug Program approved First Offender Program.  You must also file a California Insurance Proof Certificate (SR22). You must also pay a $125 Reissue Fee.

You must wait until the end of the mandatory 30-day suspension before applying for the non-commercial restricted drivers license.

You must also request one of two restrictions:

1. Driving Under the Influence Program Restriction. Your driving privilege is restricted for at least 60 days to driving to and from the DUI program.

2. To and From and During Course of Employment and Driving Under the Influence Program Restriction. Your driving privilege is restricted to driving to and from and during the course of your employment and to and from the DUI program. This restriction remains valid for five months.

** If you enroll and fail to participate or do not complete the DUI program, the DMV immediately revokes your restricted license.
It also re-imposes the suspension for up to four months from the day your suspension began.

If your license is taken by the DMV official, it is automatically suspended or revoked on the date specified on your notice. If you continue to drive, you face a minimum ten day jail sentence. Ask your attorney if an appeal of DMV’s decision would benefit your case.

Remember, to suspend or revoke your license, the State must prove its case by a preponderance of the evidence. If you don’t contact the DMV within ten days, your temporary license expires 30 days after arrest and the suspension automatically begins.