The Department of Motor Vehicles (DMV) can automatically suspend your license after an arrest for driving under the influence (DUI). If you won your DUI case but the California DMV already suspended your license, can you get your license back?
Generally, yes. In many cases, the DMV will re-issue your license if you provide the agency with documentation showing that you received a not guilty verdict during your criminal trial. If the court dismissed, adjusted, or dropped your charges, you may have to take additional steps.
A Los Angeles DUI lawyer can explain your next steps and help you with all issues with the DMV. Find out more about your situation by calling or completing our online contact form.
Why Does the DMV Issue License Suspensions?
In California, the DMV automatically suspends the driver’s license of anyone arrested by police officers for DUI or a similar charge through an administrative or “Admin Per Se” suspension. The process begins immediately upon arrest and can often result in a suspension before you go to trial.
In other words, you could win your DUI case but still have a suspended license based on the outcome of your administrative hearing. The DMV can restrict your driving privileges but cannot sentence you to jail time or other penalties.
You can discuss how to win a DMV hearing in California with a professional legal team.
Can You Get Your License Back After a DMV Suspension?
You may get your driving privileges back before the end of the DMV suspension period based on the resolution of your DUI charges. Generally, you have a chance to get back your license if:
You Won Your DUI Case with a Not Guilty Verdict
Once you have achieved a verdict of Not Guilty, you can take documentation of the verdict and apply to get your license back. The DMV will want to confirm your ruling. After they confirm the verdict, they will re-issue your driver’s license, allowing you to operate your motor vehicle freely.
The Court Dropped or Dismissed Your Case
Sometimes, the court drops or dismisses a DUI case because of a lack of evidence. In this situation, the DMV will reissue your license because the court did not have enough proof to establish that you drove under the influence of alcohol.
However, the DMV does not act automatically. You will need to request a new hearing (within one year of the arrest date). You should ask your DUI lawyer to represent you and make the case for you. Otherwise, your administrative suspension can remain active.
Can You Get Your License Back if You Reduced Your DUI Charges?
Typically, you can’t stop an automatic license suspension if you take a plea deal after a DUI arrest. It’s not uncommon for a good lawyer to get a DUI charge reduced to reckless driving (known as a “wet reckless”).
Reducing charges can represent a significant success for your case because the penalties are far less, and you do not have a DUI on your record. However, the DMV does not treat the two charges differently.
A DUI charge reduced to reckless driving gets the same automatic suspension as a regular DUI. A lawyer can explain reinstatement requirements for these situations.
Can You Drive After Getting Your DUI Charges Reduced?
The DMV may not remove an administrative suspension if you accept a plea deal for your DUI charges. However, you may still have a chance to operate your vehicle with a restricted license. California has a statewide ignition interlock device (IID) program that helps in this situation.
This program gives drivers a chance to install an IID in their vehicle. IIDs serve as personal breathalyzers. You must use the IID each time you try to start your vehicle until the end of your active suspension. The machine will measure your blood alcohol concentration (BAC).
Generally, you must also provide the DMV with SR-22 insurance to drive with an IID. A professional law firm in California can help you learn more about an IID-restricted license.
Can You Get Back Your License After Losing a DUI Case?
Drivers convicted of a DUI in California often qualify to continue driving with a restricted license. In this situation, you’ll need to provide proof of insurance (SR-22) to the DMV and go through with the installation of an IID.
You may have to pay a reinstatement fee. After the end of your active suspension, a lawyer can help you reinstate your normal license.
Note that additional penalties may apply when you face a DUI conviction. You could have to pay fines, spend time in jail, and attend a driver improvement program.
Can You Avoid a DMV License Suspension?
The DMV will automatically suspend your license unless you request an administrative hearing. Drivers arrested for a DUI have 10 days from the date of their arrest to request this hearing. Understanding the California DMV hearing can help you feel more confident.
If you don’t request one, your license will be suspended just 30 days after your arrest. Most DUI trials don’t happen until 45 days after the arrest. That means you automatically put yourself in a situation where you lose your license before you get your day in court.
If you do request a DMV hearing, it often gets scheduled two months out or more. That means you can resolve your case in court first. It’s much easier to handle the DMV when you’ve already won your case than it is to try to get your license back after the fact.
Learn More About Getting Your License Back from the DMV
If you won your DUI case but the California DMV already suspended your license, can you get your license back? In many cases, yes, you can get back your license by providing proof of the outcome of your DUI trial to the DMV.
However, it’s never easy to deal with the DMV, even less so when they suspect you of DUI. The best thing you can do to protect your driver’s license is to have a good DUI lawyer represent you as early as possible.
You can learn more about your options when you call or fill out our online contact form.
