DUI-DWI Frequently Asked Questions (FAQ)

A California Highway Patrol or police officer is required by law to promptly forward a copy of the completed Notice of Suspension or Revocation form (DMV Form DS 367), along with a sworn report and the driver license confiscated from the alleged DUI driver to the Department of Motor Vehicles (DMV). The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any breath, blood, urine, or field sobriety test results. If the suspension or revocation is upheld by the DMV’s DUI specialist following the administrative review process, the driver will be entitled to a hearing before a DMV hearing officer to contest the suspension or revocation.

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. Your attorney and/or you will be notified by the DMV in writing if the suspension or revocation is set aside following the review. Otherwise, a hearing will be scheduled by the DMV in person or by telephone. At the hearing, your attorney and/or you will be able to challenge the evidence giving rise to the driver’s license suspension. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

The Order of Suspension or Revocation is a (pink) temporary driver’s license that allows you to drive for thirty (30) days from the date on which it was issued, provided you have been issued a valid California driver’s license and your license is not expired, and your driving privilege not suspended or revoked for any other reason.

A driver issued an order of Suspension and Temporary license following an arrest by a police or California Highway Patrol officer for driving under the influence (DUI) may drive for thirty (30) days from the date it was issued, provided the licensee’s California driver license was not expired, suspended, or revoked for some reason other than the DUI arrest giving rise to the present Department of Motor Vehicles (DMV) action.

Your California driver’s license will be returned to you at the end of the suspension or revocation provided you pay a $125 reissue fee to the DMV and also file proof of financial responsibility. A person arrested for DUI will have their driver’s license returned prior to the end of any suspension if he or she applies for a restricted driver’s license prior to the completion of the suspension and is found eligible. If the DMV determines that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

To obtain a restricted driver’s license, the licensee must enroll in an approved California Driving Under the Influence (DUI) school, pay a $125 reissue fee to the DMV, and file proof of financial responsibility. Your insurance company can provide the required proof of financial responsibility. The DMV reissue fee is $100 if the driver was under age 21 and was suspended under the Zero Tolerance Law (no measurable amount of alcohol while driving), per Vehicle Code §§23136, 13353.1, 13388, 13392.)

Assuming your insurance company continues to insure you, you can expect to pay increased costs for your auto insurance and a fee for filing the SR-22 form with the DMV.