What the California DMV Does After a DUI Arrest in 2026

After the arrest: the DMV's own action

The DMV's DUI page explains that the arresting officer must forward the notice of suspension or revocation, any license taken, and a sworn report to the DMV, which then conducts an administrative review of the report, the order and any test results. This is the Administrative Per Se action, taken against the driving privilege alone and independent of any jail, fine or other penalty a court imposes on conviction; the court conviction brings its own mandatory suspension or revocation. You may request a DMV hearing within 10 days of receiving the order; if the review finds no basis for the action, it is set aside, and the DMV writes only in that case. The officer's Order of Suspension and Temporary License allows driving for 30 days from its date if the California license is valid and not suspended for another reason.

How long the suspension lasts

The DMV says the law requires a chemical test of blood or breath; a urine test is available only when drugs are suspected, when blood and breath tests are unavailable, or for hemophilia or anticoagulant medication. A refusal means not submitting to or not completing the test after being asked. A driver on DUI probation who tests at 0.01 percent or more is served an immediate order of suspension, and more than one order can be issued when more than one action applies.

The DMV hearing versus the court

The DMV hearing is an administrative proceeding about the driving privilege and the arrest, not about guilt. The DMV lists the only issues it covers: whether the officer had reasonable cause to believe you were driving in violation of the DUI sections, whether you were lawfully arrested or detained on DUI probation, and, for a test case, whether you drove with 0.08 percent or more, or, for a refusal, whether you were told of the one, two or three year consequence and refused. The hearing is not required. A hearing officer who sets the suspension aside does not affect the criminal case, and a court acquittal reverses the DMV action when the DMV determines it amounts to one; a reduction to reckless driving does not. The hearing rights and the 10 and 14 day deadlines for other actions are described on the senior drivers guide.

Reissue fees and restricted licenses

At the end of the suspension or revocation the license is reinstated on payment of a $125 reissue fee and the filing of proof of financial responsibility; the fee is $100 for a driver under 21 suspended under the zero tolerance law. A restricted license cannot be requested at the hearing; the DMV's options are an ignition interlock restriction or a restriction to drive to and from work, with the eligibility set out in its PDFs for first offenders without injury, first offenders with injury, repeat offenders and drug-only offenders. A commercial license holder must downgrade to a Class C license to get any restriction, and one who was not in a commercial vehicle may request a restricted license for work after a mandatory 30-day suspension and the $125 fee. A second offender within 10 years may, one year after the suspension starts, show enrollment in a DUI treatment program and proof of insurance and pay a $100 reissue fee to drive to and from the program and work; a third or later offender within 10 years gets no restricted license. The DMV links the court-ordered DUI Program Directory, and its Mandatory Actions Unit answers suspension questions at (916) 657-6525. The reissue fees are on the fees page.

The ignition interlock device

The DMV's statewide ignition interlock program, in force for offenses from January 1, 2019 through December 31, 2032, requires every repeat offender and every injury-involved offender convicted of an alcohol or alcohol-and-drug DUI to install an interlock device, and lets them drive anywhere while it is installed, without serving a suspension first. The mandatory terms: with no prior DUI in 10 years, none for a non-injury offense and one year for an injury or vehicular manslaughter offense; one prior, one year or two; two priors, two years or three; three or more, three years; a prior felony, three or four. Drug-only offenses, first-time non-injury offenses and offenders with an approved exemption are outside the mandatory rule. Before the restricted license the offender must clear other suspensions, install the device and file a Verification of Installation (DL 920), file a DUI program enrollment (DL 107) or completion (DL 101) certificate, file an SR 22 insurance certificate, and pay the reissue and restriction fees. A first-time alcohol offender may be ordered by the court to install the device for up to six months, or may choose a six-month interlock restriction or a one-year work and program restriction. An Administrative Per Se offender who took the test may choose an interlock restriction for up to four months on a first offense or one year on a repeat and avoid the suspension, with credit toward a later mandatory term. The device, about the size of a cell phone and wired to the ignition, requires a breath sample before the engine starts and at intervals while driving, and must be calibrated by a certified installer at least every 60 days. An employer's vehicle may be driven without one during work with a Notice to Employers (DL 923).

Questions about DUI and the California DMV

How long do I have to request the DMV hearing?

10 days from receiving the suspension or revocation order, according to the DMV. The hearing is optional, and the DMV says a request for a restricted license cannot be considered at it.

Can I drive after the arrest?

The DMV says the Order of Suspension and Temporary License allows driving for 30 days from its issue date, provided the California license is not expired and not suspended or revoked for another reason.

What is the suspension for a first offense?

Four months for a driver 21 or older who took a chemical test showing 0.08 percent or more; one year for a driver under 21 at 0.01 percent or more under the zero tolerance law; one year for refusing the test.

What does it cost to get the license back?

A $125 reissue fee and proof of financial responsibility (insurance) after the suspension or revocation; $100 if the driver was under 21 and suspended under the zero tolerance law.

I was found not guilty in court. Does the DMV suspension end?

The DMV says a suspension or revocation is reversed when it determines the court decision equals an acquittal. A charge reduced to reckless driving does not affect the administrative suspension.

Do I have to install an ignition interlock device?

Under the DMV's statewide program, running through December 31, 2032, every repeat offender and every injury-involved offender must install one for one to four years; a first-time, non-injury, alcohol-only offender may be ordered by the court to install one for up to six months or may choose it to drive without a waiting period.