How Do I Get My Driver’s License Back After a DUI?
- $125 license reissue fee, payable to the DMV;
- Proof of financial responsibility, as required under Vehicle Code § 16430, which means filing an SR-22 or SR-1P form through one’s auto insurance company stating that you carry the minimum insurance for any car registered to you as required under California law ($15,000/$30,000/$5,000) or you post $35,000 in cash or a surety bond for $35,000 with the DMV; and
- “Completion of a Driving Under the Influence Program” (i.e. AB541, AB762, AB1353 or SB38) licensed under Health and Safety Code § 11836, meaning completion of an approved DUI program. We find that the DMV will often accept proof of enrollment in such a program, rather than completion, to issue a restricted license.
When one can request a restricted license is often asked as well. The “old answer” to this question, prior to implementation of Senate Bill (SB) 1046 in early 2019, was after thirty days of actual suspension (“hard suspension”) on a first-time DUI (and then one must have the IID for five months), after ninety days of actual suspension following a second-time DUI (and then one must have the IID for one year), after six months of actual suspension on a third-time DUI (and then one must drive with an IID for two years) and after one year of actual suspension on a fourth-time DUI (and then one must have the IID for three years). To show one has an IID installed, one must complete and submit form DL924 to the DMV.
The above waiting periods do not apply if one refused to submit to a breath or blood test.
Following implementation of SB1046 on January 1, 2019, an “early incentive” program was implemented wherein a driver arrested for DUI can preserve his or her full driving privileges by installing an ignition interlock device (IID) before the DMV imposes its suspension or before the judge convicts one of DUI. This new bill’s purpose was to prevent the disruption of a suspended license on a driver’s work and family duties such as driving children to school, etc.