Suspended – Revoked License in California

Fines and Fees

Suspended license: $500 – $2,500 and up

Insurance

Insurance Increase – $431.64

Total policy increase – $1,294.92

Ticket Counsel Customers

Suspended license: $0 – $440

SUSPENDED LICENSE INFORMATION FOR CALIFORNIA

(SEE BELOW FOR COMMERCIAL DRIVER LICENSE (CDL) INFORMATION)

There is a difference between having your California driver’s license suspended and having it revoked.

A suspension means you cannot drive for a certain period of time, but can get your license back later.
A revocation of your license means your driver’s license is cancelled, and you will need to submit to an investigation before you can obtain another license.

Insurance companies keep a close watch on license suspensions / revocations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. Additionally, you will face Heavy Fines and Reinstatement Fees, and Points on your driver’s license! All this information can be found on our website. You could also contact Ticket Counsel absolutely FREE!!!

REASONS FOR DRIVER’S LICENSE SUSPENSIONS IN CALIFORNIA

There are a variety of reasons why your California driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a California driver’s license to be suspended or revoked.

Excessive Moving Violations: The state of California operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 4 points in 1 year or 6 points in 2 years or 8 points in 3 years, your license will be suspended. You will also be put on driving probation for 1 year. Both your suspension and probation will come into effect 34 days after you receive your Order of Probation/Suspension in the mail.
The Negligent Operator Treatment System Program (NOTS): Drivers in California who are 18 years and older are affected by this program. This program is based on a series of negligent operator points, which are added to your driving license over a specific period of time. Warning letters will be issued to you for specific information. You will receive a:
- Level 1 Warning Letter, if you accrue: 2 points within 12 months, 4 points within 24 months or 6 points within 36 months.
- Level 2 Notice of Intent to Suspend, if you accrue: 3 points within 12 months, 5 points within 24 months or 7 points within 36 months.
- Level 3 Probation/Suspension, if you accrue: 4 points within 12 months, 6 points within 24 months or 8 points within 36 months.
- Level 4 Violation of NOTS Probation and license suspension, if you: Commit a violation or collision while your driver’s license is suspended, have Failure To Appear (FTA) or a Failure to Pay (FTP) violation during your probation period, have a 1-point or 2-point violation or are responsible for a collision during your probation period. The same applies if you are under 18 years old and violate a provisional probation due to a responsible collision, an FTA or FTP, or another reportable violation.

Driving Under the Influence: Your California driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. Your license will be immediately confiscated if your BAC level is 0.01% or more while on DUI probation, your BAC level is 0.04% or more while driving a commercial vehicle, your BAC level is 0.08% or more while driving a non-commercial vehicle, or if you refuse to complete a BAC test.

In addition to the immediate driver’s license confiscation under the APS program, you may also receive any of the following penalties from the court system: Driver’s license suspension, jail time, fines and other criminal penalties.

The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense. A 1st time offense (if you are over 21 years and you took a chemical test and the result was 0.08% body alcohol content) will result in your license being suspended for 4 months. A 2nd offense for the same within 10 years will result in suspension for 1 year. If you are under 21 years of age and you took a chemical test and the result was 0.01% BAC or more, your license will be suspended for 1 year.

Refusal of a Drug/ Alcohol Test or a Failed Test: If you refuse to take a blood or alcohol or urine test, you can get your license suspended or revoked.
Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
Driving without Insurance: All motor vehicles driven in California must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended. Your license will be suspended for 4 years if you are found to be driving without insurance. It may be returned to you after the first year, if you submit the proof of insurance to the DMV. You will also need to ensure that you continue to maintain insurance for the next 3 years.
Other Driving-Related Violations: Your California driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway. If you fail to report an accident within 10 days where another person was injured or killed, or if damages incurred were in excess of $750, you are liable to have your license suspended. You will need to file a “Report of Traffic Accident” for this.
Physical or Psychological Disqualification: The DMV’s Chief Administrator can order a re-examination of any person who may not fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
Medical Conditions: If you suffer from a loss of consciousness, poor judgment, poor vision, lack of agility or decreased alertness, you may face a license suspension. For more information on this, check
Vandalism: If you are found guilty of vandalism, your license can be suspended for 1 year. If you are not old enough to drive, your ability to apply for a driver’s license can be delayed for 1 year.
Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a DMV notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support. If you default on your child support payments, your license can be suspended. In this case you will be given a temporary license for 150 days. You will need to contact the Department of Child Services (DCSS) on this subject.
Evading a Police Officer: If you attempt to evade a police officer performing their regular duties, you may be subject to imprisonment up to 1 year. If someone is injured, you may be subject to:
Up to 1-year imprisonment in a county jail OR up to 7 years in a state prison.
A $2,000 to $10,000 fine.
Both a fine and imprisonment.

At the time of your arrest, your arresting officer should have given you an Order of Suspension/ Revocation when they confiscated your license. If the officer did not provide you with an Order of Suspension/Revocation, the California DMV will send you one. The order includes a temporary driver’s license that is valid for 30 days from the issue date. Your driver’s license suspension/ revocation will begin at the end of this period of 30 days. If you feel your APS suspension/ revocation was an error, you have 10 days to request a hearing after receiving it.

If you’re under 21 years old, your driver’s license may be suspended for 1 year if you are caught with alcohol in your vehicle (unless the container is full, sealed, and unopened, and you are accompanied by a parent or other approved person). If you are caught driving with a blood alcohol concentration (BAC) of 0.01% or higher, or are driving under the influence (DUI) of alcohol or drugs, your license will be suspended for 1 year.

ACTIONS TO TAKE IF YOUR CALIFORNIA DRIVER’S LICENSE IS SUSPENDED

If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer. Things to be aware of following a license suspension:

If your license has not already been taken away from you in court, you must surrender it to the California Department of Motor Vehicles. You can surrender your license in person at a DMV office, or mail it to:

DRIVER LICENSE INQUIRES

DEPARTMENT OF MOTOR VEHICLES

P.O. BOX 942890

SACRAMENTO, CA 94290-0001

While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to 5 years, and/or the length of your suspension may be increased.
After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. Do not drive until you have completed the necessary steps and received a valid, replacement license from the California DMV.
You can also apply for a restricted license in person or at a local DMV office. Depending on your circumstances you may be allowed to drive (only) to work and back.

CHECK YOUR DRIVER’S LICENSE STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course.

OBTAIN A RESTRICTED LICENSE IN CALIFORNIA

In California, you can apply for a restricted driver’s license to use until your permanent license is reinstated, if your suspension was due to driving under the influence of alcohol (DUI) or failing to have car insurance.

DUI AND RESTRICTED LICENSES:

If your California driver’s license was suspended due to a DUI, you may be eligible for a restricted license if:

This is your only DUI-related offense within the last 10 years.
The results of your chemical test showed a BAC level of 0.08% or more, if you were operating a non-commercial vehicle or04% or more, if you were driving a commercial vehicle.
You were 21 years old or older at the time of your arrest.

In order to obtain a restricted license from the CA DMV, you must enroll in a licensed DUI First Offender program. Notify the program provider that you are applying for a restricted driver’s license. After your mandatory suspension of 30 days:

Ask the program provider to file a Proof of Enrollment Certificate (Form DL-107) with the CA DMV.
Pay the $125 reissue fee.
File proof of your insurance or financial responsibility with a California Insurance Proof Certificate (Form SR-22), provided by your insurance carrier, $35,000 cash deposit, Self-insurer certificate under CVC, or surety bond.
Request a “To/From/During Course of Employment and DUI Program” restriction.

Your restricted license will be valid for 5 months and will only allow you to drive to, from, and during the period of your employment, as well as drive to and from the location of your DUI program.

NOTE: If you don’t complete your DUI program, your CA driver’s license will be suspended for 4 months.

FAILURE TO HAVE CAR INSURANCE:

If your driver’s license was suspended as a result of being in an accident and not having car insurance, you may be eligible for a restricted license to use during your mandatory 1-year suspension. With a restricted license, you may only drive:

To, from, and during work.
To obtain medical care for yourself or your family members for any serious medical problem.
To and from school for your minor dependents, if no public or alternate school transportation is available.

To apply for a restricted license, visit your local CA DMV office with: Proof of your financial responsibility (SR 22), payment for the $250 financial responsibility fee and any additional driver’s license re-issuance fee.

CALIFORNIA SUSPENSION HEARINGS & APPEALS

If you receive a Notice of Scheduled Suspension from the DMV, and you wish to challenge the suspension, you may request a hearing in court. An administrative law judge or the DMV Chief Administrator will hear your case, and determine whether your driver’s license should be suspended or not.

In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program removes three points from the current driving record, and in some cases can enable an individual to avoid having his license suspended.

REINSTATE YOUR CALIFORNIA DRIVER’S LICENSE

You will receive a Notice of Restoration from the DMV after you have completed your suspension period. The notice will include complete instructions regarding how to get your license back.

Generally, you will need to:

Pay a restoration fee of $125. If you are under 21, and your license was suspended due to the zero tolerance laws, you have to pay $100. The fee can be paid in person at a local DMV office.
Apply for a standard license renewal to obtain a new license

If your license was suspended due to negligent operator points:

You will have to pay a reissue fee to the DMV and also pay fines to the court. (See “Fees for a Suspended CA Driver’s License” below)
Show proof of auto insurance or financial responsibility.
Complete the negligent operator probation period successfully – i.e. without violating any traffic rules or being involved in an accident

If your license was suspended due to DUI:

You will have to complete the mandatory probation period.
Pay the reissue fee to the DMV. (See “Fees for a Suspended CA Driver’s License” below)
Submit proof of your insurance or financial responsibility with a California Insurance Proof Certificate (Form SR-22), provided by your insurance carrier, $35,000 cash deposit, Self-insurer certificate under CVC, or surety bond.
Complete a DUI Treatment Program and file a Notice of Completion Certificate (DL 101).
Pay the required court fines.
A restricted license may be issued to you during your probation period if certain reinstatement requirements are met.

If your license was suspended due to a medical condition:

You will have to provide a satisfactory Driver Medical Evaluation (DS 326) and other information stating that the condition no longer exists and you are able to drive the vehicle.

If your license was suspended due to a traffic accident without proof of insurance:

You will have to complete a 1-year mandatory suspension.
Pay a reissue fee to the CA DMV. (See “Fees for a Suspended CA Driver’s License” below)
Submit proof of your insurance or financial responsibility with a California Insurance Proof Certificate (Form SR-22), provided by your insurance carrier.
You may also apply for a restricted California driver’s license to use during your suspension period. (See “Restricted California Driver’s License” above.)

If your license was suspended due to failure to pay a traffic violation (FTP) or appear in court (FTC):

You will need to pay the applicable fines or appear in court.
Pay the reissue fee to the DMV. Once the fee is paid, you will be given an FTP/FTA abstract stating you fulfilled your court requirement.

Note that after your license is restored, you will be subject to a Mandatory Probation Period of 1 year, during which any new violations may result in an additional suspension of your California driver’s license. Call the CA DMV at (800) 777-0133 for information regarding your specific situation.

FEES TO REINSTATE YOUR CALIFORNIA DRIVER’S LICENSE

There are many fees, fines, and costs associated with a driver’s license suspension in California:

APS reissue fee (under 21 years old): $100.
APS reissue fee (21 years old and older): $125.
DUI reissue fee: $55.

DUI 2nd offense:

Add court restriction fee: $15.
Remove court restriction fee: $20.

Financial responsibility:

Penalty fee: $250.
Reissue fee: $55.

In addition to these miscellaneous fees, you’ll need to pay any additional court costs, fines, and penalties.

COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN CALIFORNIA

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. In addition to state penalties, you may face additional federal penalties and charges. There are many reasons why your CDL can be suspended in California. The following infractions will result in your CDL being suspended for 1 year for your 1st offense:

Reckless driving.
Making improper or dangerous lane changes.
Following too closely to another vehicle.
Driving under the influence (DUI) of drugs/alcohol.
Driving a commercial motor vehicle (CMV) with a blood alcohol concentration (BAC) 0.04% or higher.
Refusing to take a BAC test.
Leaving the scene of a collision involving your CMV.
Committing a felony with your CMV.
Driving a commercial vehicle without your CDL or while your CDL is revoked/suspended.
Negligent operation of a CMV, resulting in a fatality.

You can also receive suspensions for:

3 years or longer: if the offense occurs while you are operating a CMV carrying hazardous materials.
Life: for subsequent offenses of anything mentioned above.
Life: if you use a CMV to commit a felony involving any controlled substances.

For a complete list of reasons why your CDL can be disqualified, visit the California DMV website.

FEDERAL REGULATIONS

In addition to any California state laws, commercial drivers are also subject to federal regulations that are controlled by the Federal Motor Carrier Safety Administration (FMCSA), including:

CDL disqualifications and fines for violating out-of-service orders.
Suspensions and disqualifications ranging from 60 days to life for violations and convictions, such as: Driving under the influence (DUI) of alcohol/drugs, leaving the scene of an accident you are involved in, excessive speeding and reckless driving, and violating railroad-highway grade crossing rules.

NOTE: You must notify your employer within 30 days of receiving a traffic conviction.

For more information on federal regulations and penalties, please visit the FMCSA website.

CHECK YOUR COMMERCIAL DRIVER’S LICENSE STATUS

The California DMV keeps record of your driving history. If you accumulate too many points on your driving record, your commercial driver’s license can be suspended. Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. For these reasons, it is important to keep track of your driving history and make sure all information is correct.

CDL DUI SUSPENSIONS IN CALIFORNIA

If your BAC level is 0.04% or higher while driving a commercial vehicle, or you refuse to submit to a BAC test in California, your CDL will be suspended for:

4 months for your 1st offense.
1 year for subsequent offenses within 10 years.

You will need to surrender your CA CDL, and you will receive an Order of Suspension/ Revocation from your arresting officer. This will include a temporary driver’s license you can use for 30 days after your arrest.

NOTE: You may also receive additional penalties from the court, including suspensions and fines.

If you wish to contest your CDL suspension, you may be able to request a hearing with the CA DMV. See “Suspended CDL Hearings in California” below. For more information regarding DUI-related offenses, check out our DUI & DWI in California page.

REINSTATE YOUR CALIFORNIA CDL

The requirements to reinstate your CA commercial driver license will differ depending on the reason for your suspension. Please refer to your Order of Suspension/ Revocation for specific requirements.

You will generally need to wait out the entire suspension period and pay reissue fees to the California DMV to have your CDL reinstated. See “Fees to Reinstate Your California CDL” below.

You may be eligible for a restricted non-commercial driver’s license to use while your CDL is suspended. See “Restricted Commercial Driver’s License” below.

For more information on reinstating your suspended CDL, contact your local California DMV office.

OBTAIN A RESTRICTED CALIFORNIA CDL

If your CDL was suspended, you may be eligible for a restricted commercial license if:

Your CDL has not previously been suspended.
You were driving a non-commercial vehicle when you received your CDL suspension.

Your restricted commercial driver’s license will allow you to drive to and from work. You can receive a restricted CDL 30 days after you receive your Order of Suspension and it will be valid for 6 months.

To apply for a restricted driver’s license or to determine your eligibility, contact the California DMV.

DUI SUSPENSIONS:

If your suspension was due to a DUI offense under the Admin Per Se (APS) program, you can apply for a restricted non-commercial driver’s license if:

This is your only violation in the last 10 years.
You submitted a BAC test.
You were at least 21 years old when you received your suspension.
Your CDL is not suspended for any other reason.

A restricted non-commercial driver’s license will allow you to drive to and from a DUI treatment program only. It will not allow you to drive a commercial vehicle. To apply for a restricted non-commercial driver’s license, you must:

Enroll in a DUI First Offender program.
Have the program provider to file a Proof of Enrollment Certificate (DL 107) with the CA DMV.
Submit proof of your insurance or financial responsibility with a California Insurance Proof Certificate (Form SR-22), provided by your insurance carrier, $35,000 cash deposit, Self-insurer certificate under CVC, or surety bond.
Pay the $125 fee.

NOTE: You can only apply for a restricted license 30 days after receiving your suspension. If the CA DMV approves your application for a restricted CA driver’s license, the restriction will only apply for 5 months, after which you will need to wait out the remainder of your suspension.

FEES TO REINSTATE YOUR CALIFORNIA CDL

The fees to reinstate your California commercial driver’s license will differ, depending on your offense. The following are reissue fees that may apply to your CDL reinstatement:

Reissue fee: $55.
Remove a restriction: $20.
Add a court restriction: $15.
APS suspensions: $100.
Drug-related suspensions: $24.

For specific reinstatement fees related to your suspension, contact the CA DMV.

In addition to any DMV fees, you will also be responsible for any court-sanctioned fines and penalties. You may wish to seek proper legal representation.