Your license suspension begins when ready, even before conviction

California suspends your driver's license in two separate processes after a first DUI arrest. The first suspension is administrative — it happens through the Department of Motor Vehicles (DMV), not the court, and it can start as soon as 10 days after your arrest. The second suspension is criminal — it comes from the court if you are convicted or accept a plea deal. Understanding which suspension applies when matters because the timelines, lengths, and options to drive differ between them.

If you were arrested for DUI, the officer likely gave you a pink notice called a DS 367 form (or a notice of suspension/revocation). This is your temporary license valid for 30 days. During those 30 days, you can request a DMV hearing to contest the administrative suspension. If you do not request a hearing, or if you request one and lose, the DMV suspension takes effect on day 31.

The criminal suspension from the court happens separately and only if you are convicted or plead no contest. It does not replace the DMV suspension — both can be in effect at the same time, and you must serve both before you can drive legally again.

Key Takeaways

  • The DMV suspends your license administratively within 10 days of arrest, and you have 30 days from arrest to request a hearing to fight it.
  • A first DUI conviction in California results in a court-ordered suspension of six months to one year, depending on whether you refused a breath or blood test.
  • You may be able to drive with restrictions (for work, school, or medical appointments) after serving part of the suspension, but only if you install an ignition interlock device and meet other conditions.
  • If you do not request a DMV hearing within 30 days of arrest, you lose the right to contest the administrative suspension.
  • The criminal court suspension and the DMV suspension run separately; you must satisfy both before your full driving rights return.

How long the DMV suspends your license

The administrative DMV suspension for a first DUI lasts four months if you took a breath or blood test and failed it (blood alcohol content of 0.08% or higher). If you refused the test, the DMV suspension is one year. This suspension begins on day 31 after your arrest — the day after your 30-day temporary license expires — unless you request and win a DMV hearing.

The DMV suspension is separate from what the court does. Even if the court later dismisses your case or you are found not guilty, the DMV suspension may still stand because the DMV only needs to show that you drove with a blood alcohol level of 0.08% or higher, or that you refused a test. The court must prove guilt beyond a reasonable doubt, which is a higher standard.

If you request a DMV hearing and lose, the suspension takes effect when ready. If you win the hearing, the suspension is cancelled and your license remains valid (though the criminal case continues separately in court).

The court-ordered suspension after conviction

If you are convicted of DUI or plead no contest, the court imposes its own suspension. For a first offense with a blood alcohol level of 0.08% to 0.19%, the court suspension is typically six months. If your blood alcohol was 0.20% or higher, or if you refused a test, the court suspension is usually one year.

The court can also impose a mandatory minimum suspension of six months even if you negotiate a reduced charge. Some courts allow you to serve part of the suspension with restrictions (described below), but you cannot avoid the suspension entirely on a first DUI.

The court suspension begins on the date the judge orders it, which is usually the day you are sentenced. If the DMV suspension is still in effect when the court suspension starts, both run at the same time — you do not serve them back-to-back. However, you must complete both suspensions before you can restore your full license.

Restricted driving and the ignition interlock device

California allows you to drive with restrictions during part of your suspension if you install an ignition interlock device (IID) in your vehicle. An IID is a breathalyzer connected to your car's ignition; you must blow into it before the engine starts, and it prevents the car from starting if it detects alcohol.

For a first DUI, you can typically drive with an IID after serving 30 days of the court suspension (or after serving 30 days of the DMV suspension if the DMV suspension is in effect first). The remaining suspension time can be served with the IID restriction instead of a full suspension. You must pay for the IID installation and monthly monitoring yourself — costs vary but typically range from $60 to $150 per month.

To use the IID option, you must request it from the court at sentencing or submit a petition to the court after sentencing. The court must approve it. Not all courts grant IID restrictions on first offenses, and some require you to complete a DUI education program before the IID period begins. Check with your local court or a DUI attorney about whether this option is available in your county.

Requesting a DMV hearing to contest the administrative suspension

You have 10 calendar days from the date on your arrest notice to request a DMV hearing. You can request it online through the DMV website, by mail, or in person at a DMV office. The request must include your name, driver's license number, the date of arrest, and the reason you believe the suspension should not stand.

At the hearing, a DMV hearing officer will review whether the officer had legal grounds to arrest you for DUI and whether you were lawfully detained. The officer does not have to prove you are guilty of DUI — only that there was probable cause to arrest you. If you refused a breath or blood test, the hearing officer will also consider whether the officer gave you the required warnings before the refusal.

If you lose the hearing, the administrative suspension takes effect when ready. If you win, the DMV suspension is cancelled, but your criminal case in court continues. Winning the DMV hearing does not mean the criminal charges go away.

What happens to your license after the suspension ends

Once you have served both the DMV suspension and the court suspension, you must reinstate your license with the DMV. Reinstatement is not automatic. You must submit a reinstatement process (form DL 44 or DL 44D), pay a reinstatement fee (typically $100 to $150), and provide proof that you have completed any court-ordered programs, such as a DUI education course.

For a first DUI, California requires you to complete a DUI education program before your license can be reinstated. The program is usually a three-month course (30 hours of instruction) that covers alcohol and drug awareness. Some courts allow you to start the program while your license is suspended; others require you to wait until after the suspension ends. Ask your court or probation officer when you can enroll.

If you served your suspension with an IID, you must also provide proof from the IID vendor that you completed the monitoring period without violations. Once the DMV receives your reinstatement process and all required documents, your license is typically restored within a few weeks.

Driving with a suspended license and the consequences

Driving with a suspended license in California is a separate crime. If you are caught driving during your DUI suspension, you face a misdemeanor charge, a fine of $300 to $1,000, and possible jail time. A second offense within 10 years can result in a felony charge.

Some people drive anyway because they need to work or handle family obligations. California law does allow restricted driving for certain purposes — work, school, medical appointments, and court-ordered programs — but only if you have an IID installed and the court has approved the restriction. Driving outside those purposes, or driving without an IID when one is required, is illegal and can result in arrest.

If you cannot work during your suspension and have no other transportation, talk to your attorney about requesting a restricted license from the court. Courts have discretion to grant restrictions in hardship cases, though they are not required to do so.

Frequently Asked Questions

Can I request a DMV hearing if I refused the breath test?

Yes. You have the same 10-day window to request a hearing whether you took the test or refused it. At the hearing, the officer must prove you were lawfully arrested and that you were given the required warnings before refusing. If you were not given the warnings, the hearing officer may cancel the suspension.

What if I miss the 30-day important date to request a DMV hearing?

You lose the right to a hearing, and the DMV suspension takes effect automatically. You cannot contest it later. The only exception is if you can show the DMV made a clerical error in sending you the notice, but this is rare and difficult to prove.

Do I have to install an ignition interlock device?

Not automatically. The court must order it or you must request it and have the court approve it. However, if you want to drive with restrictions during your suspension, an IID is usually required. If you refuse to install one, you must serve the full suspension without driving.

Can I get my license back early if I complete the DUI program before my suspension ends?

No. You must serve the full suspension period imposed by the court and the DMV, even if you complete the education program early. The program is a requirement for reinstatement after the suspension ends, not a way to shorten the suspension itself.

Will a first DUI suspension show up on my driving record?

Yes. Both the DMV suspension and the court suspension appear on your driving record for 10 years. Insurance companies can see this record, and it will likely increase your insurance rates significantly. Some insurers may drop you entirely.