If you've been arrested for driving under the influence (DUI) in California, one of the first and most immediate consequences you'll face is the impact on your driver's license. As a DUI defense attorney based in Sacramento, I've helped hundreds of clients navigate the complex and often overwhelming consequences of a DUI arrest—and the most pressing concern for many is the suspension or revocation of their driving privileges.

In this article, I'll walk you through exactly how a DUI affects your license, the two types of suspension you may face, and what steps you can take to fight for your right to drive.

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Two Ways Your License Can Be Suspended After a DUI Arrest

One of the most confusing parts of a DUI case in California is that there are two separate legal processes that can lead to your license being suspended:

1. The DMV Administrative Action (Admin Per Se)

2. The Criminal Court Suspension

Let's break these down.

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The DMV Administrative License Suspension (APS)

Immediately after your DUI arrest, the arresting officer is required to confiscate your driver's license and issue you a pink "Notice of Suspension". This document acts as a temporary license for 30 days.

This begins what's called the Administrative Per Se (APS) process with the California Department of Motor Vehicles (DMV).

You Have Only 10 Days to Act!

From the date of your arrest, you have just 10 calendar days to request a DMV hearing to challenge your license suspension. If you miss this deadline, your license will be automatically suspended after 30 days—even if you haven't been convicted in court yet.

📞 My advice: Call my office immediately after your arrest so we can request your DMV hearing and begin building your defense.

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2. Criminal Court License Suspension

In addition to the DMV process, your license can also be suspended if you are convicted in criminal court for a DUI.

The court-ordered suspension varies based on factors such as:

• Whether it's your first offense

• Your blood alcohol concentration (BAC)

• Whether you refused chemical testing

• If there were any aggravating factors (accident, minor in the car, etc.)

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DUI License Suspension Periods in California

Here are the standard suspension/restriction periods based on offense level:

⚠️ Note: If you refused to take a breath, blood, or urine test, you face automatic license suspension for at least 1 year, and you may be ineligible for a restricted license.

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Can You Still Drive After a DUI?

Yes, in many cases you may qualify for a restricted license or install an ignition interlock device (IID) to continue driving.

Ignition Interlock Device (IID)

For most DUI convictions, you can install an IID in your vehicle and drive without restriction.

• First DUI: You may apply for immediate IID installation.

• Second or more DUIs: IID may be required for up to 2-3 years depending on circumstances.

Restricted License (Without IID)

You may also apply for a restricted license that allows:

• Driving to and from work or school

• Driving to DUI education programs

• Medical appointments or court-related obligations

To qualify, you'll need to:

• Enroll in a DUI school

• Provide SR-22 proof of insurance

• Pay a reissue fee to the DMV

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What Is SR-22 Insurance?

An SR-22 is a form your insurance company files with the DMV that proves you carry the minimum liability coverage required by California law. This will likely cause your insurance premium to rise significantly.

You'll need to maintain this for:

• 3 years after a DUI conviction

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What Happens at a DMV Hearing?

During the DMV hearing, we will challenge:

• Whether there was reasonable cause for the stop

• Whether you were lawfully arrested

• Whether your BAC was 0.08% or higher, or if you refused testing

The DMV hearing is separate from your criminal case, but winning the DMV hearing can prevent license suspension. That's why it's crucial to have a DUI attorney represent you at the hearing.

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What If You Drive with a Suspended License?

Driving with a suspended license due to a DUI is a criminal offense under California Vehicle Code §14601.2. This can result in:

• Jail time

• Fines

• Longer suspension

• Additional charges and vehicle impound

Do not risk it. Always speak with a qualified attorney to understand your status and get your license back legally.

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How I Can Help You Protect Your License

As a DUI attorney in Sacramento, I have over 20 years of experience defending clients facing DUI charges. When you hire the Law Office of John Campanella, I will:

• Request and represent you at your DMV hearing

• Analyze the police report for errors or illegal stops

• Fight for dismissal, reduction, or alternative sentencing

• Help you apply for restricted licenses or IID options

• Work to protect your future and keep you on the road legally