Can I Get My License Back After a DUI Conviction?

Once you get arrested for driving under the influence of alcohol or a controlled substance, you face a potentially lengthy list of penalties and consequences. Two of the most impactful are a license revocation or suspension. These remove your ability to drive a motor vehicle for a period of time. Then, you will need to go through the license restoration process to regain your ability to drive.

Understanding the timeline of a suspension and the process to restore your license can give you valuable insight into the full consequences of a DUI arrest and conviction.

What Is the Difference Between License Suspension and License Revocation?  

A license suspension is a temporary withdrawal of your driving privileges. It can happen administratively or as part of your punishment for a criminal conviction. It typically lasts several statutorily defined days, months, or years. Generally, subsequent violations or more grievous acts result in longer suspension periods. Once the suspension period is complete, you can pay an administrative fee and get it reinstated.

A driver’s license revocation is the complete termination of your driving privileges. A revocation is a permanent status where you lose your ability to drive. Many states require you to wait several years for the revocation period before applying for a new license.

Steve Oberman practices DUI defense in Knoxville, Tennessee, for The Oberman and Rice Law Firm. He explains how the length of your suspended license increases after your first DUI. “The length of time that it takes before you can get your license back after a suspension will change based on your number of DUI offenses. After your first offense, a second offense is two years, a third offense is six years, a fourth offense is eight years, and so on.”

Administrative Driver’s License Suspension

In many states, there is an administrative hearing process. This process results in a suspension through the Department of Motor Vehicles (DMV). How your administrative suspension works will depend on the circumstances of your DUI. If you participate in a chemical test and have a blood alcohol content (BAC) above .08, it is an automatic suspension. Your first time refusing a chemical test will have an administrative suspension ranging from 90 to 180 days, depending on the state. If a law enforcement officer asks in a subsequent incident and you refuse again, you will face a longer suspension period.

If you do not test above the legal limit but still get arrested for DUI, then you will go through a hearing process. Some states give you a temporary driving license while waiting for your hearing. You may have the option to waive your hearing, but this could bring additional consequences and automatic full suspension. At the hearing, you can petition for a hardship license that would give you limited driving ability.

Criminal Driver’s License Suspension

In addition to administrative license suspensions, your license can get suspended through the criminal judicial process. Each state has a minimum license suspension period when convicted of DUI in criminal court. This length of time can vary from 90 days to two years. Once found guilty, your license will be suspended for the minimum time and any other applicable penalties. Depending on the state, the administrative and criminal suspensions may run concurrently or consecutively.

In some states, you may be able to shorten your suspension period. You can exhibit good behavior if you have an Ignition Interlock Device (IID) installed in your vehicle. With consistent IID program compliance, you can petition for early removal of the IID and termination of the suspension period.

Oberman explains how Tennessee takes a different approach to driver’s license suspensions with the use of an ignition interlock device (IID): “Instead of giving good behavior reduction in that time, the restriction is extended if you violate the IID within four months of the expiration by testing above a .02 percent.”

Commercial Driver’s License (CDL) Suspension

Drivers with a commercial driver’s license (CDL) face harsher punishments when caught driving under the influence of drugs or alcohol. The legal limit is lower at .04. If you exceed this limit, your license will be automatically suspended for one year.

If you have a CDL and get convicted of a DUI, speaking with a DUI defense attorney can give you valuable legal advice. The laws are stricter, and the punishments are harsher for CDL holders. An attorney can help you protect your ability to drive.

Nathan J. Dineen practices DUI defense in Germantown, Wisconsin, for Vanden Heuvel & Dineen. He explains how suspension and revocation for a CDL holder differ from a standard license. “If it’s a first-offense DUI/DWI/OWI and it’s after a year from the date of conviction or revocation of the license, then yes, you would be eligible to get your CDL back. A second offense would be a lifetime revocation.”

When Does License Suspension Start After a DUI? 

If you refuse to participate in appropriately requested breath, urine, or blood tests, it will result in an immediate and automatic license suspension. This happens under the implied consent laws that all states have in place. These laws state that you agree to do a chemical test when appropriate as a condition of getting your driver’s license.

If you live in an administrative hearing state, your license suspension will officially begin when the hearing takes place. For example, Florida has a ten-day period from the date of the arrest where you can drive with a temporary license. This allows you to drive while you wait for your administrative hearing. For states that do not have separate administrative hearings, the suspension starts after the combined hearing.

Criminal court-imposed suspensions begin after you get convicted, and the judge issues the penalties for your conviction.

Speaking with a lawyer is essential because each state is different, and you could have limited time to advocate for yourself. Your lawyer can give you an overview of DUI/DWI law and its application to your DUI situation.

Consequences of License Suspension or Revocation

When your license gets suspended, you can no longer legally drive. Your driving privileges are taken away. You cannot drive yourself anywhere. If you absolutely must drive, you would need to apply for a hardship or occupational license. This won’t give you your full driving privileges back. Instead, it will give you limited driving privileges so that you can drive to work, school, and church.

In addition, a suspension of revocation post DUI conviction goes onto your driving record. Insurance companies look at this when quoting you for insurance coverage. Your rates will increase because insurance companies will view you as a risky driver.

Driver’s License Reinstatement

Once your administrative or court-ordered suspension period ends, you can start the process of getting your driver’s license reinstated. You will need to meet the reinstatement requirements to get your full license back. Typically, this includes the payment of fees, proof of insurance, and proof of the completion of required courses. Depending on your state, you may have to pay one or more of these fees:

• Restoration fee;
• Reinstatement fee;
• Application fee.

Oberman explains how the reinstatement process works in Tennessee. “In order to get their driver’s license back, a person must be eligible. The suspension period must have expired, and the defendant must possess all of the compliance documents. Additionally, they will have to show proof of financial responsibility, which is insurance, and pay the required fees.”

Work With a Lawyer To Restore Your License

One of the most impactful consequences of getting a DUI is the suspension or revocation of your driver’s license. Depending on your state, driving record, and circumstances of your DUI, a suspension could be several months to years. This can have a significant impact on your daily life. Speaking to an attorney can help you advocate on your behalf. They can assist with presenting a DUI defense, requesting a hardship license, and restoring your suspended or revoked license.

Visit the Super Lawyers directory to begin your search for an experienced criminal defense attorney.