At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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If There Is No Admin Per Se Suspension Can I Get My Driver’s License Back?

A situation where there would be no administrative suspension to your driver’s license after a DUI arrest, would mean either you were not over a 0.08 BAC level and the DMV was willing to give your license back, or you had a not guilty finding in court at a Jury Trial. When the DMV makes the determination that you were not over 0.08, you are entitled to go in and get a driver’s license right away. A lot of people, at that point, will then go to the DMV and request a duplicate license. A not guilty finding in Superior Court would then require your attorney to contact the DMV Mandatory Actions Unit and submit documentation showing the Court finding. Once received and processed the DMV should allow you to apply for a duplicate license.

Will My Driver’s License Be Reinstated Automatically After My Suspension Period Is Over?

Your driver’s license will not be reinstated automatically after a DUI suspension. You will still be required to apply to restore your California driver’s license privileges.

Your license will be reinstated when the DUI suspension period is over if you do the following things:

  • You will need to complete any mandated suspension, restriction and DUI School.
  • You will need to go to the local DMV office with necessary documentation.
  • You will need to provide proof of insurance.
  • You will need to pay the reinstatement fee.
  • You will need to pay any applicable court fees.

While waiting for your driver’s license to be fully reinstated after a DUI, you may be able to get a work restricted license or an ignition interlock device restricted license. However, you will need to do the following:

  • You will need to be enrolled in DUI School
  • You will need to have acquired SR-22 insurance, an additional high-risk insurance.
  • If an interlock device is required or chosen over a work restriction option then you will need to show DMV proof of installation paperwork when you apply at DMV for the restricted license.
  • You will need to pay a reissue fee.

Once that period of restricted or ignition interlock license is over, you can hold on to that same license and you are lawfully legal to drive. You do not have to go back to DMV to get a new hard copy. However, most people choose to get a new hard copy in order to have a driver’s license that does not have the words restriction or ignition interlock printed on their license. DMV has been expanding the online options on its website so you might be able to request this clean copy duplicate online.

What Happens If I Violate My Restricted License?

If you have a work restricted license, the only driving that you should be doing is driving to and from work and any work-related driving. If an officer pulls you over and sees you coming back from driving to or from the gym or the beach, for example, several things can happen. One action law enforcement may take, is to issue you a ticket for driving on a suspended license. They can tow your car, impound it for a month, and additionally you can face probation violations including fines, jail time, and your insurance rates may go up due to additional points. You may end up with a fully suspended license and not be eligible to drive at all for a year or more.

When driving on a restricted license it is important to keep a work calendar with you that you can easily pull out and show an officer, if necessary. If you have it in writing, it can help your attorney fight a case if an officer doesn’t believe you and issues you a ticket or takes further action. These days, with Uber and other driving services, there is no excuse to put yourself in a situation where you could be violating your restricted license. No amount of money you could be saving by driving yourself, is worth jeopardizing your criminal record, your finances, your ability to drive, and your future employment.

For more information on Admin Per Se Suspension Of Driver’s License, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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