I Got A DUI... Now What?
The DUI process can be complicated, confusing, and expensive. Here is some general information that we hope will help you get through this process as smoothly as possible.
Temporary Driver's License
Typically, when someone is arrested and charged with a DUI the arresting agency will provide them with a 30 day pink temporary driver’s license. For most first offenders with a BAC of .08 or higher, the DMV will suspend their driver's license at the end of the 30 day temporary license period and mail a notification of suspension mail letter.
It is important to know that at the end of the 30 day temporary period, your driver's license is automatically suspended if you did not file for a DMV hearing within ten days of your violation date.
Proof of Enrollment and Proof of Insurance
Most people choose to enroll in the DUI program as soon as possible because the program will provide them with a Proof of Enrollment form, DL107, which is necessary to obtain a restricted license (if eligible). In addition to the Proof of Enrollment requirement, you will need to serve out a 30-day hard suspension of your license and request that your insurance company file a SR-22, or Proof of Insurance, with DMV. The DMV will also charge a re-issuance fee of approximately $125 to issue a restricted license.
Once the proof of enrollment and the SR-22 are filed and the DMV re-issuance fee is paid most first offenders will be able to obtain a restricted license. A restricted license allows you to drive to and from work, during the course of your employment and to and from the DUI program.
Keep in mind that anyone under the age of 21 is generally not eligible for a restricted license. Requests for critical need for license under age 21 should be directed to the Driver Safety office of the DMV.
Multiple Offenders and Temporary Licenses
Multiple offenders who have completed a First Offense DUI program are typically eligible for a restricted license based on the regulations in place at the time of the DUI conviction. Different scenarios will apply based on the date of conviction. Please call the DMV Mandatory Actions Unit at 916-657-6525 to obtain accurate information on your driver's license.
Wet and Reckless & Drivers Licenses
Anyone over the age of 21 who has been convicted of Wet and Reckless conviction with a BAC under a .08 will typically not lose their driver’s license but will still need to complete a 12-hour wet and reckless program.
Sometimes, a person who is arrested with a BAC at a .08 or .09 will be charged with a DUI, but have it amended to a Wet and Reckless in court. Though the Wet and Reckless charge is a lesser conviction, it can still be a complicated offense. The DMV and courts are separate agencies who function independently. The regulations require the DMV to suspend your license if the alcohol level was reported at .08 or higher even if the court has amended your offense to a Wet and Reckless. The only exception to this is if you file for a hearing with the DMV and win your DMV hearing.
In the case where your license has been suspended, you have two options. You can take a 12-hour Wet and Reckless program and serve out the full suspension of your license with no driving privileges for four months or you may take a 3 month first offender program and be eligible to have a restricted license throughout the duration of your suspension. The reasoning behind this is that the DMV does not recognize the 12-hour program because typically when someone is sentenced to that program, they have not lost their license.
In order for the DUI program to submit a Proof of Enrollment to the DMV so you are eligible for a restricted license, you must take a 3 month program.
Underage DUI Convictions
If you are under the age of 21 the law has a zero tolerance policy for drinking and driving. This means that anyone under 21 with any measurable amount alcohol in their system will be charged. The same rules apply to which program you will need to take based on your blood alcohol level and number of DUIs, however you will not be eligible for a restricted license and your license will be suspended for a minimum of one year.