How To Get Your License Back After a DUI

Almost every state will suspend or revoke your driver’s license after a DUI conviction. The duration of your license suspension depends on your driving record and how many prior DUIs you’ve had. Once the suspension period is over, you can have your license reinstated depending on the terms and conditions of the suspension.

The specific suspension terms and license reinstatement requirements vary from state to state. In this article, we’ll cover the general steps to getting your driver’s license back following a drunk driving arrest.

If you have lost your license and need to have it restored, a local DUI attorney can be an extremely helpful resource. They can walk you through the process and ensure you meet all the requirements for a license reinstatement where you live.

Steps To Reinstate Your Driver’s License

A DUI license suspension usually begins after an arrest. In some states, the Department of Motor Vehicles (DMV) can suspend your license immediately if you refuse a roadside breath test or field sobriety test.

These “administrative suspensions” may run concurrently with a criminal suspension, but will run even if the court dismisses your DUI charges. In other words, refusing a Breathalyzer can still cost you your license, even if you weren’t over the legal limit.

If you’re convicted of a DUI, you need to complete your entire sentence before requesting a driver’s license reinstatement.

Attend an Administrative Hearing

You may have the right to an administrative hearing, depending on where you’re arrested and charged for DUI. In some states, like California, the DMV can suspend your license if you refuse a breath test or blood test.

At an administrative hearing, the DMV only needs to show that the DUI stop and arrest were legal, and you either:

• Had a blood alcohol content (BAC) above the legal limit (0.08% for drivers over 21)
• Refused the test

You must request an administrative hearing within a limited period, usually ten days, of the arrest. The hearing will not reinstate your license status if you have a DUI conviction.

These administrative hearings are handled by the DMV, not by a judge. If the state brings criminal charges, you’ll have a separate hearing in criminal court.

Complete the Minimum DUI Suspension

You must complete the full suspension period before requesting a reinstatement.

A DUI suspension depends on the nature of your arrest and conviction. A first offense suspension can be as short as 30 days (or none at all in Pennsylvania). However, a third offense can lead to a lifetime suspension and jail time in states like Connecticut and Vermont.

Finish Any Mandatory DUI Programs

Most states require those convicted of a DUI (or similar charge) to complete a drug/alcohol education or treatment program. In some rural areas, judges may still order offenders to attend AA meetings if DUI programs are not available.

For second offenses or combined drug and alcohol arrests, courts sometimes order inpatient treatments, such as 30-day rehab programs. Failure to complete these programs will prevent you from getting your license returned.

Pay All Fines, Fees, and Other Costs

You must pay your reinstatement fees, court fines and costs, and any other court-ordered payments.

In some states, you must show proof of SR-22 or other high-risk insurance before the courts restore your license.

Getting a Restricted Driver’s License

During your suspension period, you can request a restricted license. If the judge agrees, you can have a license that allows you to drive to and from work, school, or medical treatments.

In exchange, the judge will typically require an ignition interlock device (IID) or a SCRAM tether before giving you a restricted license. These devices do not allow your car to start if your BAC is higher than the designated threshold (usually around 0.02-0.04). SCRAM tethers are worn on your body and can notify your probation officer if you are drinking, even if you’re not driving. These devices are often used for repeat offenders and fatal accidents. You must keep the IID throughout the suspension period.

Restricted licenses do not restore all driving privileges. If the judge grants a driver permission to drive to and from work, that is all the license allows. Even a side trip to the grocery store can invalidate the permit. It can also make it harder for you to get your license back after the suspension.

Reinstating Your Driver’s License

Once you complete all the requirements, you can request license reinstatement. You must complete all these requirements and pay all fees and costs. It’s a good idea to have your attorney verify there are no suspensions or other DUI cases on your record before you try to have your license reinstated.

You must show proof that you’ve completed your sentence before the DMV will restore your license. In general, they’ll need the following:

• Documentation from your criminal case (if there was one)
• Proof of liability insurance, usually SR-22 or other financial responsibility insurance
• Reinstatement fee
• Proof of course completion for drug/alcohol education program

Your state may require additional documentation or testing to regain your driver’s license. For example, you may need to take the driver’s license exam again, or the driving test.

Courts may require drivers to keep the IID or SCRAM tether in place for six months after renewing the license.

Restoring a Commercial Driver’s License

If you have a commercial driver’s license (CDL), the effect of a DUI is much more serious. The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial licenses nationwide, and has lower BAC levels for commercial drivers on the road. A .04 BAC is enough for a DUI arrest when you’re driving a commercial vehicle. Even a first DUI can result in a one-year suspended license and possible termination.

CDL holders generally cannot request a restricted license, since their job requires driving. They will be out of work during the revocation period. A second DUI offense can result in permanent loss of a CDL. Commercial drivers facing DUI charges should contact a DUI lawyer as soon as possible after an arrest.

Get Legal Advice from a Criminal Defense Attorney

If you’re arrested for driving under the influence, seek legal advice as soon as you can. Even first-time offenders can face jail time and heavy fines as well as loss of their license. A criminal defense attorney will know the DUI laws in your state and what is necessary to get your license restored once you complete a DUI suspension.