DUI and Your Driver's License: Suspension, Revocation & SR-22 (2026)
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DUI and Your Driver's License: Suspension, Revocation & SR-22 (2026)
Last updated: April 2026 · Covers California, Texas, and Florida · Legal information only — not legal advice
The short answer: A DUI or DWI arrest triggers two separate actions against your driver's license — one through your state's motor vehicle authority (DMV/DHSMV/DPS) and one through the criminal court. Both can suspend or revoke your driving privileges, they run on different timelines, and they require different actions to address. Understanding both processes — and acting quickly on the DMV side — is critical.
The Two License Actions After a DUI
Most people charged with DUI focus on the criminal case. But your driver's license faces two simultaneous threats:
Administrative action (DMV/DHSMV/DPS): This is an automatic process triggered by the arrest itself — specifically by the chemical test result or your refusal to test. It happens before you are convicted of anything. You must request a hearing within days of your arrest to challenge it.
Court-ordered suspension/revocation: This is part of the criminal sentence if you are convicted. It happens separately from and potentially in addition to the administrative action.
In some cases, you can be cleared of criminal DUI charges but still have your license suspended through the administrative process. In other cases, you may have your license reinstated after winning the administrative hearing but then lose it again if you are later convicted in court.
California: DUI License Consequences
Administrative action (Admin Per Se — APS)
When a California law enforcement officer arrests you for DUI and you either fail a chemical test (BAC ≥ 0.08%) or refuse to test, they confiscate your physical license and issue a pink temporary license valid for 30 days.
You have 10 days from the arrest date to request a hearing with the California DMV Driver Safety Office. This is called an "Admin Per Se" (APS) hearing.
- If you do not request a hearing within 10 days, your license is automatically suspended on Day 31.
- If you request a hearing, your temporary license remains valid until the hearing decision. Hearings are often scheduled weeks or months out, giving you more driving time.
APS suspension periods:
| Situation | Suspension period |
|---|---|
| First offense, BAC ≥ 0.08% | 4 months |
| First offense, test refusal | 1 year — no restricted license |
| Second offense within 10 years | 1 year |
| Second offense, test refusal | 2 years |
Court-ordered suspension
If you are convicted of DUI in criminal court, the court imposes a separate suspension:
| Situation | Court suspension |
|---|---|
| First offense | 6 months |
| Second offense within 10 years | 2 years |
| Third offense within 10 years | 3 years |
Restricted license (California)
After serving part of your suspension, California first-offense DUI convicts can typically apply for a restricted license allowing driving to work and DUI school — or choose instead to install an ignition interlock device (IID) allowing unrestricted driving during the remainder of the suspension.
The IID requirement is now mandatory for all California DUI convictions and must be maintained for a period determined by offense history.
Reinstatement requirements (California)
To reinstate a California license after DUI suspension:
- Complete the suspension period (or IID requirement)
- Enroll in and complete the court-ordered DUI education program
- File SR-22 proof of insurance with the DMV
- Pay the $125 reinstatement fee
Texas: DWI License Consequences
Administrative action (Administrative License Revocation — ALR)
When a Texas law enforcement officer arrests you for DWI and you either fail a breath or blood test or refuse to test, you are served with a notice of suspension at the scene (or as soon as the results are known for blood tests).
You have 15 days from receiving the notice to request an ALR hearing with the Texas State Office of Administrative Hearings (SOAH). Missing this deadline results in automatic suspension.
ALR suspension periods:
| Situation | Suspension period |
|---|---|
| First offense, BAC ≥ 0.08% | 90 days |
| First offense, test refusal | 180 days |
| Second or subsequent offense, BAC ≥ 0.08% | 1 year |
| Second or subsequent offense, test refusal | 2 years |
Court-ordered suspension
A DWI conviction in Texas results in a separate court-ordered license suspension:
| Offense | Suspension period |
|---|---|
| First offense | 90 days – 1 year |
| Second offense | 180 days – 2 years |
| Third offense | 180 days – 2 years |
Occupational license (Texas)
Texas allows DWI defendants and convicts to petition the court for an occupational license during their suspension period. An occupational license permits driving for:
- Work purposes
- School attendance
- Essential household activities
The petition is filed in the county court, and the court may impose restrictions on hours and geographic area of driving.
Ignition interlock (Texas)
Texas courts frequently order ignition interlock devices as a condition of probation for DWI convictions. For defendants with a BAC of 0.15% or higher, IID is required as a condition of bond — meaning you must install it before your case is even resolved.
Reinstatement requirements (Texas)
To reinstate a Texas license after DWI suspension:
- Serve the full suspension period (or satisfy occupational license terms)
- Complete the DWI Education Program or DWI Intervention Program (as ordered)
- File SR-22 with the Texas DPS
- Pay the reinstatement fee (currently $100)
Florida: DUI License Consequences
Administrative action (DHSMV review)
When a Florida law enforcement officer arrests you for DUI, your license is taken and you receive a 10-day driving permit. You have 10 days from the arrest to request either a formal or informal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
- Informal review: Conducted on the written record. Less formal, faster.
- Formal review: Allows witnesses and cross-examination of the arresting officer. More thorough.
Administrative suspension periods:
| Situation | Suspension period |
|---|---|
| First offense, BAC ≥ 0.08% | 6 months |
| First offense, test refusal | 1 year |
| Second offense, BAC ≥ 0.08% | 1 year |
| Second offense, test refusal | 18 months |
Court-ordered revocation
A Florida DUI conviction results in a separate court-ordered revocation:
| Offense | Minimum revocation |
|---|---|
| First offense | 180 days |
| Second offense within 5 years | 5 years (mandatory) |
| Third offense within 10 years | 10 years (mandatory) |
| Fourth or subsequent offense | Permanent revocation |
Hardship license (Florida)
After serving 30 days of a hard suspension for a first offense, Florida DUI convicts may apply for a hardship license for business purposes. Requirements include:
- Enrollment in a DUI education program
- Proof of financial responsibility (SR-22)
- Payment of reinstatement fees
Ignition interlock (Florida)
Ignition interlock is mandatory in Florida for:
- Any DUI conviction where BAC was 0.15% or higher
- Any DUI where a minor was in the vehicle
- All repeat DUI offenses
For first offenses without these aggravating factors, IID is at the court's discretion.
Reinstatement requirements (Florida)
To reinstate a Florida license after DUI revocation:
- Complete the full revocation period
- Complete the Level I or Level II DUI education program (depending on offense history)
- Complete any required substance abuse evaluation and treatment
- File SR-22 with the DHSMV
- Pay reinstatement fees ($150–$500 depending on history)
SR-22: What It Is and How Long You Need It
An SR-22 is not an insurance policy. It is a certificate of financial responsibility — a form filed by your insurance company with your state's motor vehicle authority confirming that you carry at least the minimum required liability coverage.
After a DUI conviction in all three states, your insurer must file an SR-22 on your behalf. If your coverage lapses, the insurer notifies the state, and your license may be re-suspended.
SR-22 requirements by state:
| State | Required period after DUI | Who files it |
|---|---|---|
| California | 3 years | Your insurance company |
| Texas | 2 years | Your insurance company |
| Florida | 3 years | Your insurance company |
SR-22 and insurance costs: The SR-22 filing fee itself is typically $15–$50. The significant cost is the insurance premium increase that accompanies SR-22 status — typically 80–200% above standard rates for the duration of the SR-22 requirement and often several years beyond.
Ignition Interlock Devices (IID): What to Expect
An ignition interlock device is a breath-testing device installed in your vehicle's ignition system. You must provide a breath sample below a set threshold (typically 0.02%) before the vehicle will start. The device also requires periodic "rolling retests" while driving.
Costs associated with IID:
- Installation: $70–$150
- Monthly monitoring/rental fee: $60–$100
- Removal fee: $50–$100
- Calibration and service visits: required every 30–60 days
For a 12-month IID requirement, total costs typically run $800–$1,400. Any violation of IID requirements — including a failed test or evidence of tampering — is reported to the court and can result in additional penalties.
Frequently Asked Questions
If I win the DMV hearing, does that mean my criminal case is dismissed? No. The DMV administrative hearing and the criminal case are entirely separate. Winning the DMV hearing means your license is not suspended during the administrative process — it says nothing about the criminal case and has no binding effect on it.
Can I drive during my DUI suspension? Driving on a suspended license is a separate criminal offense in all three states. However, restricted licenses (California), occupational licenses (Texas), and hardship licenses (Florida) allow limited driving under specific conditions during the suspension period.
What happens if my insurance company finds out about my DUI? Your insurer will typically discover a DUI conviction at your next policy renewal when they check your driving record. They may non-renew your policy or significantly increase your premiums. The SR-22 requirement will force disclosure if they do not discover it on their own.
How long does a DUI stay on my driving record? California: 10 years. Texas: permanent. Florida: permanent. These are distinct from how long a DUI stays on your criminal record, which varies by state and expungement eligibility.
Can an out-of-state license suspension affect my driving privileges in my home state? Yes. Under the Driver License Compact, most states share suspension information. A license suspension imposed by California, Texas, or Florida will typically be honored by your home state — meaning you may face a separate suspension there even after serving the originating state's suspension.
This page provides general legal information about DUI-related driver's license consequences in California, Texas, and Florida. It is not legal advice and does not create an attorney-client relationship. Laws, fees, and procedures change — verify current requirements with your state's DMV or a licensed DUI defense attorney.