Driver's License Suspension in California

It is illegal to drive in California if your license has been revoked or suspended. If you are caught driving while your license is suspended, you may be arrested and incur additional penalties and costs. A person's license can be revoked for various reasons, including a DUI sentence.

Reasons For License Suspension

You can get your driving privileges reinstated once your suspension or revocation term has ended. However, there are various procedures you must take for this to happen, most of which involve paying all appropriate fees and fines and submitting any relevant papers.   The following are the most common reasons for a California resident's driver's license to be suspended:

No Insurance

If you don't have insurance and get into an accident, the DMV will automatically suspend your license for a year. If you present proof of insurance to the DMV after one year, you may be entitled to have your license back. If you want to keep your license from being  suspended, you must show proof of insurance for the following three years.

Driving Under the Influence

If you are arrested for DUI, law enforcement will seize your driver's license and issue you an Order of Suspension, including a 30-day provision that allows you to drive. The suspension or revocation takes effect at the end of the 30 days.   The DMV automatically conducts an administrative review, which may involve a review of the officer's sworn to report and any accompanying papers, such as an arrest or traffic accident record.
  • If you are convicted of a first offense DUI, you will be sentenced to four months in prison.
  • One year for a second or subsequent DUI conviction within 10 years.

Refusing Chemical Test

If you are arrested for DUI in California, the implied consent legislation forces you to submit to chemical testing to detect the presence of alcohol or drugs. If you decline a chemical test after being pulled over for a DUI, your license will be suspended under the Administrative Per Se (APS) program.   If you were 21 years old or older when you were detained or arrested and refused or failed to take a blood, breath, or urine test:
  • A first offense will result in a 1-year suspension.
  • If you commit a second crime within ten years, your license will be revoked for two years.
  • In the event of a third or subsequent crime within ten years, the license will be revoked for three years.
  If you were under the age of 21 at the time of your arrest or detention and refused or failed to take a PAS test or other chemical test:
  • A one-year penalty will be imposed for the first infraction.
  • If you commit a second crime within ten years, your license will be revoked for two years.
  • In the event of a third or subsequent crime within ten years, the license will be revoked for three years.

Under 21 with Alchohol in the Vehicle

If you're under the age of 21, having alcohol in your vehicle can result in a one-year suspension of your driver's license (unless the container is full, sealed, and unopened, and a parent or other approved person accompanies you).   Your license will be suspended for one year if you are detected driving with a blood alcohol content (BAC) of 0.01% or greater or while under the influence of alcohol or drugs. If you are not yet qualified for a driver's license or do not currently have one, your application may be postponed for a year.

Too Many Points on Driving Record

The DMV will put you on driving probation for a year if you have too many points on your driving record under the Negligent Operator Treatment System (NOTS). If you receive the following, your license will be suspended for six months:
  • 4 points in 12 months
  • 6 points in 24 months
  • 8 points in 36 months
  You can obtain points on your driving record for various reasons. Still, the most common include minor traffic offenses such as speeding, being at fault in an auto accident, and significant misdemeanor or felony charges including DUI, hit-and-run, reckless driving, and vehicular manslaughter.

Failure to Appear (FTA) and Failure to Pay a Traffic Ticket

After receiving a traffic ticket, if you fail to appear in court and pay a fine, your driver's license may be suspended until you appear in court or pay a fine.

Failure to Pay Child Support

According to California law, parents who are court-ordered to pay child support must pay the entire monthly child support obligation on time. The Department of Child Support Services (DCSS) can submit the noncustodial parent's name to the California Department of Motor Vehicles (DMV) for license suspension if the payment is late or the entire amount is not paid within 30 days of the due date.   DMV will issue a warning letter to the noncustodial parent when the name is submitted, giving the parent 150 days to cooperate with DCSS to pay the past-due child support. The driver's license will be suspended if the child support requirement is not paid within this time frame. To have the noncustodial parent's driver's license reinstated, the noncustodial parent must reach a suitable agreement with DCSS. It's crucial to note, though, that a driver's license can be suspended again after 45 days of no or partial payment, even if it's been reinstated.

How to Get Your California Driver's License Reinstated

Do not be concerned if you discover that you have had your driver's license suspended due to something you did. There are a few options for regaining your driver's license. It all relies on why the ban was imposed in the first place.
  • 30-Day Mandatory Suspension Period
    • Although there are ways to get past the suspension, you won't be able to drive for the first 30 days. You'll have to go through a 30-day required suspension period first.
 
  • Look Into Getting a Restricted License
    • If your license was suspended for a DUI or failure to have auto insurance, you might be able to apply for a restricted driver's license while you wait out the rest of the suspension.
  To obtain a California limited driver's license, follow these steps:
  • If you've been charged with DUI, you'll need to enroll in a DUI First Offender Program and provide a Proof of Enrollment Certificate (Form DL-107).
  • To apply for a limited license, go to your local DMV office.
  • Demonstrate financial responsibility (SR22).
  • Any re-issuance fees must be paid.
  This license is only good for a few things, including getting to work or school. The CA DMV will detail all of the driving parameters.  
  • Complete the Stipulation
    • It requires more than just waiting it out for a few months when you're suspended. Depending on the severity of your conviction, you may be required to pay a fine, perform community service, or attend driver's education classes.
 
  • Up-to-Date Auto Insurance
    • You won't be able to reinstate your driver's license unless you can present proof of current, valid auto insurance.
 
  • Submit the Required Documents
    • Is it possible to reactivate your driver's license via the internet? Regrettably, you'll have to visit your local DMV office to complete the reinstatement form. You must also submit an SR22 document proving that you have current auto insurance.
 
  • Pay the Required Fees
    • The final step to have your California driver's license reissued is paying the required costs. The charges will vary based on the charge, but they will include the $14 reinstatement fee.
 
  • The process for getting your license back depends on why it was suspended in the first place. Drivers should seek advice from the California Department of Motor Vehicles (DMV) regarding their situations.