No one thinks they will be the one who gets behind the wheel of a car when they are inebriated, but every day, many Americans do. According to the NHTSA, every day, 34 people in the United States die due to drunk driving accidents. That's one person every 42 minutes.
Were you charged with a DUI (driving under the influence)? The process for getting a license back after a DUI isn't easy. It takes patience and diligence.
Depending on the state you live in, you might have to follow different steps. Let's look at how DUI license reinstatement works in the state of California.
What Is Driving Under The Influence (DUI)?
Whenever you have drugs or alcohol in your system and you get behind the wheel of a vehicle, you are considered to be driving under the influence. Every state in America follows a similar rule for DUI limits (except Utah), and that is, a legal limit of 0.08% of BAC (blood alcohol content). Utah has a lower limit of 0.05%.
That means, if your BAC is higher than this when you get behind the wheel of a vehicle and you are caught, you will be charged with a DUI. If you are under the age of 21 or a commercial vehicle operator (truck drivers and such), then your legal BAC is even lower.
That is why it's extremely important to be careful about how much you drink before getting behind the wheel of any vehicle, no matter your age or driving experience.
Dos: What Are The Steps For Getting a License Back After a DUI?
Every state has a different license restoration process. In California, here is how it goes.
Request a DMV Hearing and Resolve Criminal Charges
The first step is to request a DMV hearing with the Department of Motor Vehicles (DMV) within 10 days of your arrest. This is extremely important and should not be skipped. If you are unable to do this yourself, ask a family member or loved one to help you with the process of contesting the automatic license suspension that accompanies a DUI charge.
Also, you will want to resolve any criminal charges on your record. That is, pay any fines or dues and follow the probation period, if any.
Complete the DUI Program
California has a mandatory alcohol education program for DUI offenders, and this can range from three months to eighteen months, depending on how high your BAC was during your arrest. The length of the DUI program also depends on previous offenses.
Get SR22 Insurance
You will need to get an SR22 insurance form from an insurance company. This proves to the DMV that you have the minimum required insurance coverage, proving your financial responsibility. Click for affordable SR22 insurance.
Install an IID Device
An IID, or an ignition interlock device, is an in-car alcohol breath screening device that will prevent the engine from starting if it detects any alcohol on your breath. You can get this device installed on your vehicle for a period of six months if this is your first offense. If it's your first offense, you can also get a restricted license, rather than a license suspension, so your driving privileges aren't completely gone.
Pay Reinstatment Fees
There are a variety of fees that crop up in this process, like reinstatement, court, and bail fees. These all need to be paid to the DMV to get your license back.
Visit the DMV
Finally, once you have completed all the steps above, you will need to visit the DMV with all the completed paperwork, the SR22 insurance form, and proof that you have completed the DUI education program. Once you do that, you will get your license reinstated.
Don'ts: Here's What Not To Do
Remember that the court proceedings (since this is a criminal charge) and the DMV process are completely separate. If there were any injuries or worse deaths involved in your drunk driving accident, then there will be criminal proceedings against you.
Do not ever miss any appointments at court or the DMV, and definitely do not show up inebriated to any of these appointments. Any sign of alcohol or drug use during the proceedings will be held against you and might delay you from getting your license back.
Do not drive without your license, even if it's an emergency. Use Uber or some other ride-sharing service.
Do not try to fight the case yourself. Hire a drunk driving lawyer who is experienced in these cases to ensure the best possible outcome.
Frequently Asked Questions
How Long Is Your License Suspended After a DUI in California?
If this is your first offense, then your license will be suspended for one year. A second offense (within ten years) results in a 2-year suspension. A third offense within ten years results in a 3-year suspension.
As you can imagine, it's important to avoid drinking and driving, and if you do end up with a DUI charge, to get legal help right away to prevent or reduce criminal charges on your record.
Do I Need an SR22 to Reinstate My License in California?
Yes, absolutely. This is a mandatory rule for the state of California. Driving privileges reinstatement cannot happen without an SR22 form presented to the DMV with all the other documents mentioned above.
Does a DUI Go Away After 7 Years in California?
If you get convicted of a DUI, that will remain on your driving record for ten years. The clock starts on the day you get arrested and not when you get convicted. There's nothing you can do to remove this record before the ten years have passed.
Now You Understand the License Restoration Process
It's not easy to go through all the legal and documentation requirements for getting a license back after a DUI. There are several steps involved with a lot of paperwork and fees.
Once you are ready to go through the process, it might be a good idea to get legal help for the process. This way, you know you are in the hands of someone with legal and criminal expertise.
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