Got a DUI in California? Here's What Happens Next
A clear, step-by-step walkthrough of the next 90 days — from arrest to driving again. Written by California licensed SR-22 specialists who handle DMV filings every day.
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If you're reading this within a few days of a DUI arrest — take a breath. The system is confusing on purpose, but the next 90 days follow a predictable pattern. This page walks you through every deadline, decision, and dollar amount in the order you'll face them, so you know what's coming and where the easy mistakes are.
One thing to know up front: you'll need an SR-22 insurance filing before you can drive again legally, even on a restricted license. We'll get to that in detail when it's time. For now, focus on the first deadline below — it's the most time-sensitive in the entire process.
The First 10 Days: Your Most Important Deadline
When you were arrested, the officer took your physical driver's license and handed you a pink piece of paper. That pink paper is a temporary license valid for 30 days. It's also a notice of suspension.
You have exactly 10 calendar days from the date of arrest to request a DMV hearing. Not 10 business days. Not 10 days from when you read this. 10 calendar days from the arrest date itself.
If you miss this deadline, your license suspension begins automatically on day 31, and you lose your only chance to challenge the suspension before it happens.
How to Request the DMV Hearing
Call the DMV Driver Safety Office for your county. The number is on the back of your pink temporary license. When you call, say: "I need to request an APS hearing and a stay of suspension." They'll schedule the hearing (typically 60–120 days out), and the stay means your license stays valid until after the hearing.
If you've already hired a DUI attorney, they can request the hearing on your behalf — but confirm with them in writing that they've done it. This deadline gets missed more often than any other in the entire DUI process.
Should You Even Request the Hearing?
Almost always, yes. There's no penalty for requesting it. The hearing delays your license suspension by months, gives you a chance to challenge the evidence, and costs you nothing if you lose. The only reason not to request it is if you want the suspension to start and end as quickly as possible — which is rare.
Days 10–30: Two Cases, Not One
Here's something most people don't realize until they're deep into it: a California DUI creates two completely separate cases, and they run on different timelines with different consequences.
The first is the DMV case — called an APS action, short for Administrative Per Se. This is about your driving privilege. It starts immediately and is handled entirely by the DMV. The maximum consequence is a license suspension, typically 4 months for a first offense.
The second is the court case — the criminal case. This is about whether you're convicted of a DUI under California Vehicle Code 23152. It's handled in your county's superior court. Consequences can include fines, probation, jail time, mandatory DUI program enrollment, and a separate court-ordered license suspension (typically 6 months for a first offense, running concurrent with the APS suspension).
You can lose at the DMV and win in court. You can win at the DMV and lose in court. Most of the time, you'll deal with both. The DMV case typically resolves first; the court case can take 3 to 9 months.
You Should Hire a DUI Attorney
We're not attorneys and this isn't legal advice — but from working alongside DUI clients every day, the pattern is clear: people who hire a DUI attorney consistently end up with better outcomes than people who try to navigate the system alone.
A few of the reasons it matters:
- The DMV hearing is a real proceeding with rules, evidence, and procedure. Going in unrepresented against a trained DMV hearing officer is a significant disadvantage. Attorneys win or reduce APS suspensions far more often than self-represented drivers do.
- Charge reduction has lifelong consequences. An attorney may be able to negotiate your DUI down to a "wet reckless" or another reduced charge — which means lower fines, shorter program requirements, and meaningfully lower insurance rates for years afterward. The savings on insurance alone often exceed what you'll spend on the attorney.
- Procedural mistakes get cases dismissed — bad stops, improper testing, chain-of-custody issues with blood samples. An attorney knows what to look for; you don't.
- The system is built for the people who work in it daily. Prosecutors, judges, and DMV officers see hundreds of DUI cases. An attorney who practices in your county knows the people, the patterns, and what's actually negotiable.
Hire an attorney before your DMV hearing if at all possible — many will request the hearing on your behalf if you retain them within the 10-day window. Most DUI attorneys offer free initial consultations, so the cost of finding out whether they can help you is zero.
If you don't have one yet, we can connect you with DUI attorneys we work with regularly through our network resource support. There's no charge and no obligation — we just know who actually returns calls and treats clients well.
Days 30–60: The Suspension Starts (Or Doesn't)
What happens here depends on whether you requested the DMV hearing.
If you requested the hearing: Your license stays valid until the hearing date and the DMV's decision (usually 1–3 weeks after the hearing). You can drive normally during this period.
If you didn't request the hearing: On day 31 after your arrest, your license is suspended. For a first DUI with a BAC of 0.08% or higher, the standard APS suspension is 4 months. You cannot drive at all during the first 30 days of this suspension — this is called the hard suspension period.
The 30-Day Hard Suspension
During the first 30 days of an APS suspension, you cannot drive anywhere — not to work, not to your DUI program, not to medical appointments. This period is non-negotiable. Driving during the hard suspension is a separate criminal offense (Vehicle Code 14601.2) that carries jail time.
After the 30-day hard suspension, you can apply for a restricted license — but you'll need an SR-22 filing in place before the DMV will issue it.
Days 30+: The Restricted License and SR-22
For most people, the restricted license is the practical goal. It lets you drive to and from work, during the course of work, and to and from your DUI program. It's not a full license, but it's enough to get your life back to functional.
To get the restricted license, you need three things:
- An SR-22 filing from a California-licensed insurance company
- Proof of enrollment in a DMV-approved DUI program (a "DL 107" form from the program)
- Payment of the DMV reissue fee (currently $125)
What an SR-22 Actually Is
The SR-22 is the part that confuses people most, because the name makes it sound like a separate type of insurance. It isn't.
An SR-22 is a certificate your insurance company files directly with the California DMV. The form proves you have liability insurance that meets California's minimum requirements. The DMV uses it to monitor that you maintain coverage continuously for the next 3 years. (For more detail, see our full guide to SR-22 insurance.)
A few important details:
- You need to maintain the SR-22 for 3 years from the date your license is reinstated (see how long SR-22 is required in California)
- If your insurance lapses for any reason during those 3 years, your insurance company is required to notify the DMV — and your license is immediately re-suspended
- The SR-22 filing itself is a one-time fee around $25, but the policy it's attached to is usually 50–150% more expensive than your pre-DUI rate
- Not every insurance company files SR-22s. Many standard-market carriers will non-renew you after a DUI, which is why most SR-22 policies are written through non-standard auto specialists like us
If You Don't Own a Car: The Non-Owner SR-22
A common situation: your car was impounded after the arrest, you sold it, or you never owned one. You still need an SR-22 to get your license back.
The product for this is a non-owner SR-22 policy. It's a liability policy that covers you to drive any vehicle you don't own — a borrowed car, a rental, a friend's car. It satisfies the SR-22 requirement and is typically significantly cheaper than a standard SR-22 policy because there's no specific vehicle being insured. Our non-owner policies start from $15/month.
If you fall into this category, a non-owner SR-22 is almost always the right starting point. You can switch to a standard policy later if you buy a car.
Days 60–90: The Court Case Resolves
Somewhere in this window — sometimes earlier, sometimes much later — your court case will resolve. Most first-offense DUIs end in one of three ways:
Conviction for DUI (VC 23152). The standard outcome. Triggers the court-ordered consequences: fines, probation, mandatory 3-month DUI program for first offense, possible jail time (usually suspended for first offenders), and a 6-month court-ordered license suspension that runs concurrent with the APS suspension.
Conviction for "wet reckless" (VC 23103). A reduced charge sometimes negotiated by attorneys. Lower fines, no mandatory DUI program (though one is often recommended), and no separate court-ordered suspension — but it still counts as a "prior" if you're arrested for DUI again within 10 years.
Dismissal or acquittal. Rare for first-offense DUIs but possible, particularly if there were procedural errors in the arrest or testing. Note that even if your court case is dismissed, your DMV suspension can still happen — the two are independent.
The 90-Day Picture: Where You'll Be
By the end of the first 90 days, most people in this situation have:
- Resolved or are close to resolving the DMV case
- Resolved or have a hearing date for the court case
- An SR-22 insurance policy in place
- A restricted license, allowing them to drive to work and DUI program
- Enrolled in (and started attending) a DMV-approved DUI program
- Paid the DMV reissue fee
The remaining timeline is mostly maintenance: complete the DUI program (3 months for a first offense, longer for subsequent offenses or high-BAC cases), maintain the SR-22 continuously for 3 years, and at the end of the suspension period, apply for full license reinstatement. Our full reinstatement guide walks through that final step.
The Mistakes That Cost People the Most
From handling SR-22 filings every day, these are the patterns that show up over and over:
Missing the 10-day DMV hearing deadline. By far the most common and most damaging early mistake. The deadline is short on purpose, and the consequences are permanent.
Letting the SR-22 policy lapse. If your payment fails or your policy cancels at any point during the 3-year SR-22 period, your insurance company is required to notify the DMV, and your license is re-suspended. Set up autopay and watch your card expiration dates.
Buying SR-22 insurance from a carrier that's about to non-renew you. Several large carriers will write you an SR-22 policy at the start, then non-renew at the next 6-month renewal — leaving you scrambling. Working with a specialist who places you with a carrier that wants SR-22 business avoids this.
Driving during the 30-day hard suspension. A separate criminal offense with its own jail-eligible consequences. There is no insurance product that helps with this — just don't.
Treating the DMV case and the court case as one thing. They aren't, and assuming they are leads to missed deadlines on both sides.
What to Do This Week
If you're within 10 days of arrest: request the DMV hearing today. This is the single highest-priority item in the entire process. The number is on the back of your pink temporary license.
If you're past the 10-day window but before your suspension start date: start gathering quotes for SR-22 insurance now. The policy needs to be in place before the DMV will issue your restricted license, and the cheapest options often have a same-day filing turnaround.
If you're already suspended and trying to get your restricted license: the SR-22 filing is usually the bottleneck. Get a quote online in about 2 minutes or call us at 949-629-7836 — we file electronically with the DMV the same business day.
Want the Full 90-Day Timeline as a Printable Guide?
We're putting together a free PDF that walks through every deadline, dollar amount, and decision over the next 90 days — with a checklist for each phase. Drop your email and we'll send it as soon as it's ready.
No spam, no sales calls. Just the guide and (optionally) reminders before key deadlines.
Legal Disclaimer: Sanctuary Insurance Services LLC is a California licensed insurance agency (CA License #6005600). We are not attorneys and do not provide legal advice. The information on this page is general educational content about California DUI procedures and SR-22 insurance requirements — it is not a substitute for advice from a licensed attorney about your specific situation. Specific outcomes vary based on prior offenses, BAC, county of arrest, and many other factors. For legal advice about your case, consult a licensed California DUI attorney. For insurance quotes, contact a licensed California insurance agent. Sanctuary Insurance Services LLC · 22982 La Cadena Dr Ste 210, Laguna Hills, CA 92653.