DUI Lawyer | Joel Brand, Esq.

Reinstating Your License After a DUI Charge

Facing a DUI charge can be a harrowing experience, particularly when you believe the ordeal is over, only to find out that your license is still suspended. Even if the DUI case was dropped, administrative actions taken by the DMV can still affect your driving privileges. This article will detail the steps necessary to reinstate your license and address whether you need to apply for an SR-22 despite the case being dropped.

Understanding the Administrative Per Se (APS) Process

In California, DUI arrests trigger two separate proceedings: the criminal case and the administrative process handled by the Department of Motor Vehicles (DMV). The administrative process, known as Administrative Per Se (APS), is independent of the criminal court proceedings and focuses solely on the status of your driving privileges.

When you are arrested for a DUI, the arresting officer usually confiscates your driver’s license and provides you with a temporary license that is valid for 30 days. During this period, you have the right to request a DMV hearing to contest the suspension. If you do not request a hearing within 10 days, or if you lose the hearing, the DMV will suspend your license even if the criminal charges are later dropped【California DMV, 2023】.

Why Is Your License Still Suspended?

If your DUI case was dropped, you might wonder why your license remains suspended. The DMV’s APS suspension is based on the arrest and the chemical test results, not the outcome of the criminal case. Therefore, even if your criminal charges were dismissed, the APS suspension could still be in effect if you did not successfully contest it at a DMV hearing.

Steps to Reinstate Your License

  1. Verify the Suspension Status – The first step is to verify the status of your driver’s license suspension. You can do this by visiting the California DMV website or contacting the DMV directly. You will need to know the specifics of the suspension, such as the duration and any conditions for reinstatement.
  2. Request a DMV Hearing – If you did not request a DMV hearing within the original 10-day period after your arrest, you might still be able to request a late hearing. This is at the discretion of the DMV and may require legal assistance to argue the merits of your case. An experienced DUI attorney can help you navigate this process and potentially overturn the suspension based on procedural errors or other defenses.
  3. Complete Mandatory Requirements – To reinstate your license, you may need to complete certain requirements mandated by the DMV. These can include:
    • DUI School: Completion of a DUI education program may be required, especially if you did not contest the APS suspension.
    • SR-22 Insurance: Despite the criminal case being dropped, the DMV may still require you to file an SR-22 form as proof of financial responsibility. The SR-22 is a certificate from your insurance company stating that you carry the minimum liability coverage required by California law【California DMV, 2023】.
    • Reinstatement Fee: You will need to pay a reinstatement fee to the DMV. The amount can vary depending on the specifics of your case.
  4. Obtain SR-22 Insurance – If required, you will need to obtain an SR-22 from your insurance company. This form must be filed with the DMV and is typically required for a period of three years. Be aware that obtaining an SR-22 can result in higher insurance premiums, as it signals to insurers that you are a high-risk driver【Insurance Information Institute, 2023】.
  5. Submit Proof of Completion – Once you have completed any required DUI education programs and obtained an SR-22, submit proof of completion to the DMV. Ensure that all documentation is correctly filled out and submitted to avoid any delays in the reinstatement process.
  6. Wait for DMV Processing – After submitting all necessary documents and paying any required fees, the DMV will process your reinstatement. This can take some time, so it’s important to follow up with the DMV to ensure that your paperwork is in order and that there are no additional requirements.

What to Do If Your License Is Not Reinstated

If you encounter difficulties in reinstating your license, it may be beneficial to consult with a DUI attorney. Legal professionals experienced in dealing with the DMV can provide guidance and assistance in resolving any issues that arise during the reinstatement process.

Conclusion

Even if your DUI case is dropped, the administrative actions taken by the DMV can still affect your driving privileges. Understanding the APS process and fulfilling the necessary requirements are crucial steps in reinstating your license. By verifying the suspension status, requesting a DMV hearing if possible, completing mandatory requirements, obtaining an SR-22 if needed, and submitting proof to the DMV, you can navigate the reinstatement process successfully. Consulting with a DUI attorney can also provide valuable assistance in ensuring that you meet all requirements and address any complications that may arise.

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