DUI FIRST OFFENDERS
Alcohol Involved - Non-Injury
21 and Older
®
RESTRICTED LICENSE OPTIONS
IF YOU ARE ARRESTED FOR DRIVING UNDER THE INFLUENCE (DUI)
ADMINISTRATIVE PER SE (APS)
The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for DUI of
alcohol or a combination of alcohol and drugs, who:
Takes a chemical test (blood or breath) that shows a blood alcohol concentration (BAC) level of 0.08% or more while driving
a noncommercial vehicle, 0.04% while driving a commercial vehicle, and/or a 0.01% while on DUI probation, OR
Refuses to take or fails to complete a chemical test (blood or breath) to determine their BAC level.
The DMV suspension or revocation is an immediate administrative action taken against your driving privilege. Any sanctions imposed
by the DMV under APS are independent of any court-imposed jail sentence, fine, criminal penalty, or suspension or revocation
imposed by DMV when a person is convicted for DUI (see reverse).
LICENSE SUSPENSION
If you are 21 years of age or older, took a chemical or urine test, the results showed 0.08% BAC or more and this is your first DUI
arrest, you will receive a 4-month license suspension. At the time of your arrest, the officer will confiscate your license and issue
you an Order of Suspension and Temporary License. You may drive for 30 days from the date the order of suspension or revocation
was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is
not suspended or revoked for any other reason. Your 4-month suspension will take effect after those 30 days.
ADMINISTRATIVE HEARING OPTION
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review
shows there is no basis for the suspension or revocation, the action will be set aside. The DMV hearing is an administrative
proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of
a criminal act. More information regarding APS hearings can be found on the DMV’s website, www.dmv.ca.gov.
Employment/Treatment Program
You may apply for a license that restricts you to driving
to, from, and during employment and to and from your
DUI program for up to 5 months.
To apply for this restricted license:
• Serve 30 days of your 4-month suspension
• Visit a DMV office (appointment recommended)
• Provide proof of enrollment in a DUI program
• Provide proof of insurance (SR 22)
• Pay a $125 APS fee
You may apply for a restricted license immediately with the
installation of an IID. With this restriction, you may drive at
any time to any place, so long as the vehicle is equipped
with an IID. You will have this restriction for up to 4 months.
To apply for this restricted license:
• Visit a DMV office (appointment recommended)
• Provide proof of enrollment in a DUI program
• Provide proof of insurance (SR 22)
• Provide proof of IID installation (DL 920)
• Pay a $125 APS fee
Ignition Interlock Device (IID)
REINSTATEMENT
Once you have served your 4-month suspension period, or, if you opted to apply for a restricted license and have maintained the restriction
for the applicable amount of time, you will be eligible to reinstate your driving privilege with no restrictions. Note: Any court convictions/
sanctions subsequent to your arrest may be in effect. You must clear all outstanding suspensions or revocations on your record
in order to fully reinstate your driving privilege.
If you held a commercial driver license at the time of your violation, you must downgrade to a non-commercial driver license
to obtain any of the above driver license restriction options.
This flyer is for informational purposes and is not intended to provide legal advice. Many factors influence a DUI proceeding.
For information on your specific situation, please contact the Mandatory Actions Unit (916) 657-6525.
OR