DUI REPEAT OFFENDERS Alcohol Involved 21 and Older

DUI REPEAT OFFENDERS

Alcohol Involved

21 and Older

Ignition Interlock Device (IID) Restricted License Option

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 2nd

or subsequent DUI arrest, you will receive a 1-year 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 1-year 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.

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 1 year.

You may receive credit

towards the mandatory IID restriction period required upon conviction for any installation during your APS suspension.

To apply for this restricted license:

• Visit a DMV ofﬁce (appointment recommended) • Provide proof of IID installation (DL 920)

• Provide proof of enrollment in a DUI program • Pay a $125 APS fee

• Provide proof of insurance (SR 22)

REINSTATEMENT

Once you have served your 1-year 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.

DUI REPEAT OFFENDERS

Alcohol Involved

21 and Older

IF YOU ARE CONVICTED OF DRIVING UNDER THE INFLUENCE (DUI)

If you are convicted of a DUI that did not cause injury, a DUI that caused injury to any person other than you, or vehicular

manslaughter while intoxicated [CVC §§23152, 23153, or PC §191.5(b)], , the Department of Motor Vehicles (DMV) will suspend or

revoke your driving privilege. You may be subject to ﬁnes, penalties, and other restrictions in addition to any suspension or revocation

of your driving privilege. The suspension or revocation based on your conviction may run concurrently to the APS suspension the DMV

takes upon your arrest.

Offender Level Non-Injury (CVC §23152) With Injury [CVC §23153 or PC §191.5(b)]

2nd offender 2 year suspension 3 year revocation

3rd offender 3 year revocation 5 year revocation

4th offender or higher 4 year revocation 5 year revocation

2nd offender with a prior felony conviction 4 year revocation 5 year revocation

RESTRICTED LICENSE REQUIREMENT

Effective January 1, 2019, the Statewide Ignition Interlock Device (IID) Pilot Program requires repeat DUI offenders convicted of a DUI

involving alcohol or a combination of alcohol and drugs to install an IID for a speciﬁed time in the vehicle they operate. During your

IID restriction period, you can only drive vehicles that are equipped with a functioning, certiﬁed IID. The term of the IID restriction is

based on your most current DUI conviction and the number of prior DUI convictions you have had within 10 years, as speciﬁed below.

Offender Level

Mandatory IID Restriction Term for

CVC §23152 (non-injury)

Mandatory IID Restriction Term for

CVC §23153 or PC §191.5(b) (injury)

2nd offender 1 year 2 years

3rd offender 2 years 3 years

4th offender or higher 3 years 3 years

2nd offender with a prior felony conviction 3 years 4 years

YOU WILL NOT BE ABLE TO REINSTATE YOUR DRIVING PRIVILEGE WITHOUT THE INSTALLATION OF AN IID,

EVEN IF YOU HAVE SERVED YOUR SUSPENSION OR REVOCATION PERIOD.

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 $55 reissue fee, a $15 restriction fee,

and administrative service fees

EXEMPTIONS

You may qualify for an exemption from installing an IID if you are an out of state

resident, have a medical condition that prevents you from being able to use an

IID, or you do not own a vehicle. If you are granted an exemption, your driving

privilege will remain suspended or revoked for the full length of your suspension

or revocation. During your exemption period, you may apply for an IID-restricted

license if your exemption status changes. More information and the exemption

application forms are available on the DMV’s website at www.dmv.ca.gov.

FULL REINSTATEMENT REQUIREMENTS

To reinstate your driving privilege with no restrictions, you must complete your mandatory IID installation term, or suspension term

if granted an exemption, provide the DMV with proof of completion of a DUI program, and with proof of insurance (SR 22). You will

be required to maintain the SR 22 for 3 years. You may receive credit towards the mandatory IID installation period required upon

conviction for any installation period during your APS suspension

(see reverse).

Note: 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.