If I Lose My License How do I Get it Back?
Driver’s license suspension is one of the severest consequences of a DUI arrest and conviction. The police confiscate a driver’s license immediately after a DUI arrest and only give an interim license to use for thirty days. If you do not fight for your license within ten days of your arrest or get a DUI conviction, you could lose your license for several months or years, depending on the number of prior DUIs on your record.
However, you can reinstate your license with the help of a DUI attorney. A skilled attorney will ensure you fill out and file the necessary paperwork on time. They will also help you navigate through the complex license reinstatement process and defend you for a favorable outcome.
Losing Your License after a DUI Arrest
Driving under the influence of alcohol or drugs is a common way to lose your driver’s license to suspension or revocation in California. Driving while intoxicated puts everyone on the road, including yourself, at risk of harm. The police confiscate your license immediately after a DUI arrest, and give you an interim driver’s license that is only valid for 30 days. After that, an automatic suspension of your incense takes effect. This suspension happens even before you are convicted of a DUI.
If, after the trial, the court finds you guilty of a DUI, it may include a license suspension as part of your criminal penalties. The exact period of suspension depends on the nature of the DUI offense and your criminal history.
You can avoid the automatic driver’s license suspension by following the ten-day rule of the DMV. The rule states that you have ten days from the day of your arrest to request a hearing with the DMV to fight the automatic suspension. If you fail to make this request or request a hearing after ten days of your arrest, the DMV will not hold a hearing, and the automatic suspension will take effect after 30 days. However, if you follow the rule and request a hearing, you get a chance to defend your license from automatic suspension.
This hearing, also known as the DMV administrative hearing, is usually spearheaded by an administrative judge. This is usually a DMV officer appointed for that specific purpose, and not a trained judge. The officers hear the reason for the suspension, and your reason for fighting the suspension. You can have legal representation in this hearing (although it is usually optional) to increase your chances of winning the case. If you win, the DMV will lift your license suspension after 30 days. This means that you can continue driving as you await the determination of the underlying DUI case.
However, the administrative judge’s final ruling will not influence the court’s decision. A criminal court can still find you guilty of a DUI and suspend your license as required for your specific offense under the law. When this happens, you could lose your license even after regaining it after a successful administrative hearing. However, you can apply for a restricted license (if you are eligible) to drive to critical places like work and school during the suspension period. Once the suspension is over, you can reinstate your license.
Generally, driver’s license suspensions for first DUI convictions are usually for six months. If you are convicted of a second DUI within ten years, the court can suspend your license for two years. The suspension increases with the number of prior DUIs on your record within ten years. Other aggravating factors play a role, including a severe injury, death, or child endangerment.
Reinstating a Driver’s License after Suspension
Driver’s license suspensions are generally temporary. They last from months to years, depending on the severity of the underlying DUI conviction. Once the suspension period ends, you do not automatically regain your driving privileges. You must undergo a rigorous reinstatement process to get your license back. These are some of the requirements for reinstating a suspended driver’s license:
Completing the Suspension
Reinstating your suspended driver’s license must start after the suspension period is over. Thus, you must wait until you fulfil the suspension to start the reinstatement process. The DMV or the court usually determines the suspension period. If you fight the automatic suspension after a DUI arrest, and the court suspends your license after a DUI conviction, the suspension period you must fulfil is the one determined by the court. However, if both the DMV and the court suspend your license, you must fulfil both suspension periods to start the reinstatement process.
Fulfilling all Suspension Terms and Conditions
In most cases, courts set some terms and conditions that you must fulfil to reinstate your license. In addition to losing your license for the given period, you must fulfil the terms and conditions set by the judge during sentencing. For example, the judge can order you to register for and complete a DUI program for a particular period. You must commit to the program and complete it before starting the license reinstatement process.
Filing SR-22 Form with the DMV
An SR-22 form is usually a certificate issued by an insurance provider that demonstrates a driver’s financial responsibility. Insurance companies file the certificate with the DMV on behalf of their clients to demonstrate that the driver is a high-risk driver but is insured with substantial coverage in the event of an accident. The form is not insurance itself, but only proof that a driver has the minimum auto insurance coverage required under the law.
Before reinstating your suspended driver’s license, you must request your insurance provider to file this form with the DMV. This process will notify the DMV that you have maintained the required insurance coverage for at least three years.
Paying the Required Fees
You must fulfil all the penalties of your DUI conviction before reinstating your suspended driver’s license. This includes paying all the required court fines and fees. You must provide proof of compliance when submitting your reinstatement application to show that all fees, fines, and associated costs are fully paid. Additionally, you must pay the required fee to reinstate your license. The DMV will not process your request if there are pending payments.
Install an IID System in Your Vehicles
An ignition interlock device, or IID, is a pre-installed vehicle breathalyzer mandated for drivers convicted of DUI offenses. It is connected to a vehicle’s ignition and requires a breath sample to determine a driver’s BAC before allowing the vehicle’s engine to start. If one of the conditions for reinstating your driver’s license is to install an IID system in your vehicles, you must fulfill this requirement before starting the reinstatement process.
The installation must be done on all the vehicles you drive, not just one. You must also incur the associated installation and maintenance costs for the period you are required to have the IID.
How a Skilled DUI Attorney Can Help
DUI cases are complicated to handle without legal help. Remember that the suspension of your driver’s license happens immediately. This can be stressful, especially if you need to use your vehicle as you await the determination of your DUI case. The suspension after a conviction is even more devastating because it comes with additional criminal penalties and strict conditions that could affect your life. You need a skilled attorney’s help to understand the reason for the suspension, your options, and to fight the suspension. An attorney can also help with license reinstatement if it eventually happens after a DUI conviction.
Here are some of the reasons you need an attorney’s help when your driver’s license is at risk of suspension:
To Challenge the Suspension
Remember that although license suspensions are automatically imposed after a DUI arrest, you have up to 10 days to request a DMV hearing to defend your license. If you engage a DUI attorney early in the legal process, they will advise and help you request an administrative hearing to defend your license. They will also prepare well for the hearing to ensure there is enough evidence to convince the administrative judge to reconsider the suspension. Having the right attorney by your side during this hearing increases your chances of winning the case. Then, you can prevent the automatic license suspension.
To Negotiate The Reinstatement Requirements
If the court suspends your license after a DUI conviction, the judge will likely impose additional requirements before you can reinstate it. In most cases, these requirements are very strict. They may include installing and maintaining an IID system in all your vehicles for a year or more, completing a court-ordered DUI program for several months, and paying all court fines and associated fees. A competent attorney can negotiate with the court to reduce some of these requirements, making the reinstatement process easier for you. For example, if your license suspension period is longer than necessary, an attorney can negotiate for a reasonable period.
To Ensure Compliance
Compliance is key to ensuring that you successfully reinstate a suspended driver’s license. If you fail to comply with all the court-issued requirements, the judge may refuse to approve your reinstatement application. Your attorney will ensure that you comply with all the requirements to avoid problems when the time to reinstate your license comes. They will explain the terms and conditions of your license suspension and guide you on how to comply with all the requirements. They will also get everything ready for reinstatement once you complete the reinstatement process.
The Cost of Reinstating a Suspended License
Reinstating a suspended driver’s license is not free. There are cost implications you must prepare yourself for before starting the process. Generally, you pay for the following:
- License reissuing fee
- Reinstatement fee
- The cost of attending a DUI program, which can go up to $2,000
- The filing fee for the SR-22 form, which you incur even if your insurance provider does the filing
- The cost of installing an IID system in all your vehicles
- The cost of maintaining the IID systems for the required period
- Any additional court penalties and fines, depending on the seriousness of the underlying DUI conviction
Remember that these are costs you must incur before starting the reinstatement process.
Reasons to Reinstate Your License
The high cost of reinstating a suspended driver’s license, along with the complex process, can be intimidating. However, there are benefits to reinstating your license, which you should consider. Some of the reasons you should go through the tedious and costly process, with the help of an attorney, include the following:
To Restore Your Driving Privileges
Your driving privileges are very important for personal safety and independence. However, you lose those privileges once your driver’s license is suspended. Without them, you cannot legally operate a vehicle on public roads in the state. Reinstating your license restores your driving privileges, giving back your freedom, independence, and safety.
To Access Employment Opportunities
Most jobs in California require applicants to have a valid driver’s license. It gives the employer peace of mind knowing that you can get to and from work with ease. This means that you could face difficulties finding work during the license suspension period. Once you reinstate your license, you can fulfill one of the requirements needed to get hired.
To Easily Handle Daily Responsibilities
Most daily tasks are easy to handle when you can move quickly and easily from one place to another. This works best if you have access to a vehicle and have a valid driver’s license. You can commute to school and work, can transport your family to school and other activities, and can access essential services like healthcare and grocery stores.
To Avoid Further Legal Penalties
If you are used to driving yourself around and have no easy access to transport, you could be tempted to drive on a suspended license. This is a serious crime that can result in hefty penalties, including a jail sentence and a court fine. It could also result in the revocation or cancellation of your license. Reinstating your license immediately after the suspension protects you from this kind of temptation.
To Reduce Your Insurance Costs
A DUI conviction and subsequent driver’s license suspension may trigger an increase in your insurance costs. Insurance providers may increase your rates until you can prove that you are a low-risk driver. Reinstating your license allows you to prove that you deserve reasonable insurance rates. Filing the SR-22 eventually helps you qualify for standard auto-insurance rates.
Thus, failing to reinstate your license after a suspension is not advisable. Your attorney will advise you to start the process immediately after the suspension period is over. They will support you through the process to ensure that you get your driving privileges back sooner rather than later. Delaying or failing to reinstate your license immediately can result in the following:
Extended suspension
The status of your driver’s license remains suspended until you reinstate it. This does not change even after the suspension period is over. Thus, the suspension will continue until you complete the reinstatement process. If that does not happen within a particular period, the DMV can eventually revoke or cancel your license.
Legal Penalties
Remember that taking a long time off from driving can lead to the temptation to drive on a suspended license. This is a serious violation that can result in jail time, court fines, vehicle impoundment, or license revocation.
Insurance Challenges
Insurance companies run background checks on potential customers before signing them up for a service. If your driver’s license remains suspended for years, most insurance companies will refuse to work with you. The few who can offer their services will likely raise their rates.
Getting Around a Suspended License
Since driving on a suspended license is a serious violation, you should explore other ways you can get around before reinstating your license. Your most common options are:
- Applying for a restricted license
- Using a ride-sharing service
Fortunately, the DMV allows drivers with suspended licenses to apply for a restricted license if they meet specific requirements. The restricted license will allow you to drive to and from important places, such as work, school, the hospital, or grocery stores. This will make your everyday life easier before you can reinstate your license.
However, you must meet some requirements, including the following:
- Satisfy part of your license suspension
- Enroll in a court-recommended DUI program
- Have your insurance company file the SR-22 form with the DMV
- Pay all the fees required to have a restricted license
Find an Experienced DUI Attorney Near Me
Driving is a privilege in California. You can lose this privilege if your license is suspended or revoked due to a DUI. However, you can get your driver’s license back by reinstating it after the suspension period. You can do this with the help of a competent DUI attorney.
The reinstatement process can be complex and difficult to navigate on your own. However, our experienced DUI attorneys at Koenig Law Office are always ready to help. We can explain the process, requirements, and help you ensure that the process is a success. Call us at 661-793-7222 to learn more about driver’s license reinstatements in Bakersfield.