In most states, when someone is stopped and arrested for DUI, the arresting officer immediately confiscates their license, and unless they appeal within a few days, the DUI license suspension will be in effect for the state’s standard suspension period, often thirty days. The defendant may apply for a limited or restricted license to drive for necessities only.
Levels of DUI License Suspensions
The length of a DUI license suspension varies by state and by the severity of the offense. For first offenses, the suspension may range between thirty days and one year. However, those penalties may increase for various reasons:
- Multiple DUI offenses
- Refusing a chemical BAC (blood alcohol content) test (which can often lead to a one-year suspension without opportunity to apply for a restricted license
- Additional crimes committed in conjunction with the DUI
Restricted License Eligibility
There are a few reasons for which a judge may grant a limited or restricted license for those who have had a DUI license suspension. The general category of those reasons is “necessities of life,” but some of the specific categories include:
- Work
- Education
- Ongoing medical care
- Caring for dependents
- DUI, alcohol, or drug rehab, classes, or counseling
Steps to Reinstatement
Those with a DUI license suspension receive a notice at the outset of when the suspension begins and the date at which it will end. They are responsible to beginning the application process to reinstate their license themselves. They may also contact their state Department of Motor Vehicles and learn the date at which they can begin the reinstatement process. The steps to that process include:
- Completing all classes, counseling, and other programs required by the court
- Obtaining a SR-22 proof of insurance form (if required) from their insurance company and submitting it to the DMV or Secretary of State
- Submitting a request for reinstatement
- Attending a reinstatement hearing (if required)
- Pay all reinstatement fees (often between $50 and $500)
Getting Legal Help with Reinstating a DUI License Suspension
No process is simple for someone convicted of a DUI offense. That is true for reinstating a DUI license suspension. The requirements are different for every state, and sometimes even within municipalities. It takes a legal expert such as a DUI attorney to help sort through the paperwork and make sure it is all completed for a full reinstatement.
