How to Reinstate Your Driver's License After a DUI

If you have been convicted of a DUI, then you likely lost your right to drive. To get back the freedom of the open road, you'll have to get someone official to reinstate your license after the DUI proceedings are done.
The exact process differs depending on the state you live in, but the way you go about getting your license back involves similar steps.
Spoiler alert: You may have to spend time (and maybe a lot of it) at the DMV as you go through the process. Many states have an administrative hearing process through the department of motor vehicles that is separate from the court system when it comes to license reinstatement.
That process may include a hearing in front of a DMV official where the facts of your case are reviewed. The police officer who arrested you may be called to testify, and it may feel like a mini-trial. For this reason, many people choose to have an experienced DUI attorney there to help.
Was Your License Suspended or Revoked?
The first step to regaining your driving privileges is determining how exactly it was taken away. Some DUIs result in a suspended license, while in other cases your license is revoked. If your license is just suspended, it is usually a more straightforward process to get it reinstated. Whether your license is suspended or revoked may depend on whether you are a first offender or it is your second DUI.
License Suspensions
Some states assess different points for different traffic and driving offenses. Once you get to a certain number, your license is suspended until the points “fall off”. Other states go by the type of offense and whether it is a first offense or not. In some states, your license may be suspended if you refused to take a chemical test after a DUI arrest or had a high blood alcohol content at the time of your arrest.
If your license is temporarily suspended, you may need to install an ignition interlock device on your car, take a driver improvement class, or undergo an alcohol evaluation to show you are taking the situation seriously. If you comply with all requirements, you may be able to drive fairly soon after your arrest. Typically, states also allow drivers to get a temporary hardship license for work purposes, but only if you can show you need to continue to work and have no other way to get there.
Finally, remember that state rules may be completely different if you have a commercial driver’s license.
License Revocation
If your license was actually revoked, there's a bit more to it. There could be a revocation period depending on if you are a first-time or repeat offender. Again, there is probably an administrative process through your state DMV in addition to court proceedings which you will need to deal with.
Here are the general requirements to get a revoked license restored:
- Complete all court requirements. You may have to attend an alcohol awareness class, take a driving course, install an ignition interlock device, and/or pay a fine, but whatever it is, get it done as soon as possible, even before your court hearing. Until you complete all of the requirements, you won't get your license back.
- Get proof of insurance. Most states require liability insurance, and some need specific proof to reinstate your license. You may have to have a specific type of insurance policy with a DUI conviction on your record. Call your insurer to get the paperwork done ahead of time.
- Show up at your hearing. You might have to attend a hearing before the court will allow your license to be reinstated, depending on how serious your DUI charge was. You may also have to attend an administrative hearing at the DMV, which is separate from court proceedings. If that's the case, take it seriously because if it doesn't go well, you won't get your license back.
- Pay the fee. On top of any court fees you have to pay, there's generally a reinstatement fee to pay to your state before you get your driver’s license back. Pay up promptly, and that little piece of plastic is (hopefully) yours.
The way your state reinstates a license after a DUI may be a little different, but these steps should lead you in the right direction if you have a license suspension or license revocation. Your DUI lawyer will know the specific laws for where you live, so don't be afraid to ask for help.
Related Resources:
- Am I Entitled to Notice and a Hearing Before the State Revokes My Driver's License? (FindLaw's Learn About the Law)
- 3 Ways to Challenge a DUI Blood Test (FindLaw's Law and Daily Life)
- Legal Lessons from Justin Timberlake's DUI (FindLaw's Legally Weird)