The Two Things That Happen After a DUI
If you're arrested for DUI in California, two separate processes start at the same time. They run on different tracks, and each one can suspend your license on its own:
- The DMV side (Administrative Per Se / APS) — an automatic action against your driving privilege based on the arrest itself.
- The court side (DUI conviction) — a separate suspension if you're later convicted of CVC §23152.
You can get the APS suspension even if your criminal case is later dismissed, and you can get the conviction suspension even if you won your DMV hearing. Most people facing a first offense end up dealing with both — which is why understanding each one matters.
Side 1: The DMV Administrative Suspension (APS)
For a 21-and-over driver with a first DUI arrest, alcohol involved, no injuries, and a chemical test result of 0.08% BAC or higher, the DMV imposes a 4-month suspension. The arresting officer typically takes your license at the scene and gives you an Order of Suspension and a 30-day temporary license.
The 10-Day Window
You have 10 days from the date the order was issued to request a DMV administrative hearing. Miss that window and the suspension goes into effect automatically once your 30-day temporary expires. The hearing is about your driving privilege, not your guilt or innocence on the criminal charge.
Restricted License Options During the APS Suspension
Once 30 days of the 4-month suspension have passed, you generally have two paths back behind the wheel — or three if you count waiting it out.
Option A: Ignition Interlock Device (IID)
Available immediately with an IID installed in your vehicle. Drive anywhere, anytime — as long as that vehicle has the IID. Restriction lasts up to 4 months.
You'll need:
- Proof of enrollment in a DUI program
- Proof of insurance (SR-22)
- Proof of IID installation (DL 920)
- $125 APS fee
Option B: Employment / Treatment Restricted License
Available after serving 30 days of suspension. Restricts driving to work, during work, and to/from your DUI program. Lasts up to 5 months.
You'll need:
- Proof of enrollment in a DUI program
- Proof of insurance (SR-22)
- $125 APS fee
- To visit a DMV office (appointment recommended)
Side 2: The DUI Conviction Suspension
If you're convicted under CVC §23152 (the standard first-offense DUI), the DMV will suspend your driving privilege for 6 or 10 months. That suspension can run concurrently with the APS suspension from the arrest, so in practice many drivers don't serve them back-to-back.
If your BAC was over 0.20%, the court can require a 10-month suspension and a 9-month DUI program instead of the standard 3-month program.
If the Court Ordered an IID
The court — separate from the DMV — can order you to install an IID. You must have it installed by an authorized installer and give the court proof. The DMV will then mark your driver record and license so police can see the IID requirement during a stop. Failing to comply with a court-ordered IID can trigger an additional suspension.
If the Court Did NOT Order an IID
You'll have two restricted license options during the conviction suspension, plus the option to simply serve out the full suspension without driving.
Option A: IID Restricted License
Drive any vehicle equipped with an IID, anytime, anywhere — until you meet full reinstatement requirements.
Requirements:
- Proof of DUI program enrollment
- Proof of insurance (SR-22)
- Proof of IID installation (DL 920)
- $55 reissue fee, $15 restriction fee, plus IID restriction fee
Option B: Employment / Treatment Restriction
Drive only to, from, and during work, and to and from your DUI program. Lasts 12 months and until reinstatement requirements are met.
Requirements:
- Proof of DUI program enrollment
- Proof of insurance (SR-22)
- $55 reissue fee and $15 restriction fee
What Full Reinstatement Actually Requires
To get your license fully reinstated with no restrictions after a first-offense DUI, the DMV generally requires all of the following:
| Requirement | What It Means |
|---|---|
| Serve the full suspension or restriction period | Either wait out the suspension entirely, or maintain your restricted license for the full required time. |
| Complete a DUI program | Provide DMV with the certificate of completion from a state-licensed DUI program. |
| File an SR-22 | Maintain SR-22 insurance for 3 years from the reinstatement date. |
| Pay reissue and restriction fees | Standard $55 reissue fee, $15 restriction fee, plus any IID-related fees if applicable. |
| Clear all other holds | Any other suspensions or revocations on your record (unpaid tickets, FTAs, etc.) must be resolved. |
Where SR-22 Insurance Fits In
An SR-22 isn't a separate insurance policy — it's a certificate your insurance carrier electronically files with the California DMV proving you carry at least the state's minimum liability coverage. Every box on the reinstatement checklist that says "proof of insurance (SR-22)" is referring to this filing.
For first-offense DUI drivers, an SR-22 is required to:
- Get a restricted license during the APS (arrest) suspension
- Get a restricted license during the conviction suspension
- Fully reinstate your driving privilege
- Stay reinstated for the 3 years following
If you own a vehicle, you'll need an owner's SR-22 policy. If you don't own a vehicle and won't be the registered owner of the vehicle you drive, a non-owner SR-22 policy can satisfy the filing requirement at typically lower cost.
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Every case is different, but here's roughly how the timeline tends to unfold for a 21+ driver with a first alcohol-related, non-injury DUI:
| When | What Happens |
|---|---|
| Day 0 | Arrest. Officer takes license, issues 30-day temporary and Order of Suspension. |
| Day 1–10 | Window to request a DMV APS hearing. |
| Day 30 | 4-month APS suspension begins (if no successful hearing). |
| Day 30+ | Eligible to apply for IID restricted license (immediately) or wait for employment/treatment option. |
| Day 60 | Eligible to apply for the employment/treatment restricted license after 30 days served. |
| Varies | Court case resolves. If convicted, separate 6- or 10-month suspension is imposed (often runs concurrently). |
| End of restriction | Apply for full reinstatement: DUI program completion, SR-22 on file, fees paid, holds cleared. |
| Reinstatement + 3 years | Maintain SR-22 continuously. After 3 years, the filing requirement ends. |
Frequently Asked Questions
How long is my license suspended for a first DUI in California?
For a 21-and-over driver with a first alcohol-related, non-injury DUI and a BAC of 0.08% or higher, the DMV imposes a 4-month administrative suspension based on the arrest. If you're later convicted under CVC §23152, the DMV adds a 6-month suspension (or 10 months if your BAC was over 0.20%). These can run concurrently in many cases.
Can I drive at all during my DUI suspension?
Yes — but only with a restricted license. You generally have two options: an IID-restricted license that lets you drive anywhere as long as the vehicle has an ignition interlock device, or an employment/treatment-restricted license that limits driving to work and to your DUI program. Both require SR-22 insurance.
Do I need an SR-22 for a first-offense DUI in California?
Yes. SR-22 insurance is required to obtain any restricted license, to fully reinstate your driving privilege, and to maintain that reinstatement for 3 years afterward. Without it, the DMV will not lift your suspension.
How long do I have to keep an SR-22 after a DUI?
California requires you to maintain SR-22 insurance for 3 years from the date your license is reinstated. If your SR-22 lapses or cancels during that period, your insurance company is required to notify the DMV, which can re-suspend your license.
What's the difference between the APS suspension and the conviction suspension?
The APS (Administrative Per Se) suspension is a DMV action triggered automatically by the DUI arrest itself. The conviction suspension is a separate action triggered by being found guilty in criminal court under CVC §23152. The two run independently, though they often run concurrently in practice.
Can I get an IID restricted license immediately?
For a first-offense APS suspension, yes — you can apply for an IID-restricted license immediately upon installing an approved ignition interlock device, providing proof of DUI program enrollment, filing an SR-22, and paying the $125 APS fee. There's no 30-day wait period for this option.
Do I need an SR-22 if I don't own a car?
Yes. If you don't own a vehicle but still need to satisfy California's SR-22 filing requirement to reinstate your license, a non-owner SR-22 policy is the right fit. It provides the liability coverage and DMV filing the state requires, typically at a lower premium than a full owner's policy.
What if I miss the 10-day window to request a DMV hearing?
If you don't request the APS hearing within 10 days of receiving the Order of Suspension, you generally lose the right to challenge the administrative suspension. The 4-month suspension will then take effect automatically once your 30-day temporary license expires. The criminal case in court is separate and continues regardless.
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