A DUI (Driving Under the Influence) arrest can turn your life upside down in many ways, but one of the most immediate and impactful consequences is what happens to your driver’s license. Whether you’re facing your first offense or a repeat charge, it’s essential to understand the steps that follow a DUI arrest and how your ability to drive will be affected.
This guide walks you through license suspension, DMV hearings, hardship licenses, and how to reinstate your license after a DUI arrest.
Immediate License Suspension: What to Expect
In most U.S. states, a DUI arrest results in an automatic and immediate administrative license suspension—even before you go to court. This is part of the state’s administrative penalties and is separate from the criminal proceedings.
Typically, this happens when:
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You fail a breathalyzer test (your BAC is over the legal limit).
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You refuse to take a chemical test.
In either case, the police officer will confiscate your license and issue a temporary driving permit, which is usually valid for 7 to 30 days, depending on your state. After that period, your license enters a suspended status—unless you take specific action.
Administrative vs Criminal License Suspension
It’s important to understand that DUI cases involve two different proceedings that can both affect your license:
1. Administrative Suspension (DMV or BMV)
This occurs immediately after your arrest and is handled by the Department of Motor Vehicles (DMV) or Bureau of Motor Vehicles (BMV). It is a civil penalty, not criminal.
2. Criminal Suspension (Court-Ordered)
If you’re convicted in court, the judge may order an additional license suspension as part of your sentence. This is separate from the administrative penalty and may be longer or concurrent depending on your case and criminal history.
DUI DMV Hearing: Your Opportunity to Challenge the Suspension
You usually have a limited window (typically 7 to 15 days) after your arrest to request a DMV hearing to contest your license suspension. If you don’t request a hearing within this timeframe, your suspension becomes automatic.
At the hearing, you (or your attorney) can challenge:
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Whether the officer had probable cause
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The legality of the traffic stop
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The validity of the BAC test or refusal
Winning the hearing may allow you to keep your license until your court case concludes. However, losing means your license remains suspended until the end of the specified term.
How Long Will Your License Be Suspended?
The suspension length varies based on state law, offense number, and whether you refused testing. Here’s a general guideline:
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First Offense DUI: 90 days to 1 year
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Second Offense DUI: 1 to 2 years
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Third Offense or More: 3 years or more
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Refusal to Test: Often results in longer suspensions than failing the test
Check your state’s DUI laws for exact durations.
Hardship or Restricted Licenses
In many states, you can apply for a restricted or hardship license to allow limited driving—such as to work, school, or medical appointments—during your suspension period.
To qualify, you may need to:
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Serve a mandatory “hard suspension” period first (often 30–45 days)
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Show proof of enrollment in DUI school or treatment programs
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Install an Ignition Interlock Device (IID) on your vehicle
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Provide proof of SR-22 insurance (high-risk coverage)
Approval is not guaranteed and depends on your offense severity and state laws.
How to Reinstate Your License After a DUI
Once your suspension period ends, your license doesn’t automatically become valid again. You must formally request reinstatement, which often includes:
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Paying a reinstatement fee
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Providing proof of insurance (SR-22 filing)
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Completing DUI education or treatment programs
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Possibly passing written and driving tests (varies by state)
If you were required to install an IID, you may also need to show a record of compliance with the device before full driving privileges are restored.
