California · DUI · Checked October 2026
DUI License Suspension in California: Hearing Deadline and Hardship License
DUI License Suspension in California: What Are the Rules?
You have 10 days to challenge a license suspension after a DUI arrest in California.
- Deadline to challenge
- 10 days
- How it is counted
- The date you receive the notice of the order of suspension or revocation
- Failed test
- 4 months (first offense, age 21+, BAC 0.08 or more); 1 year (second or later offense within 10 years); 1 year for drivers under 21 at 0.01 or more
- Refused test
- 1 year (first); 2-year revocation (one prior within 10 years); 3-year revocation (two or more priors within 10 years)
- Hardship license
- Restricted driver's license (ignition interlock or work-related)
How to Request a Hearing in California
Contact a DMV Driver Safety office or use the DMV Driver Safety online case management portal
Suspension if You Fail a Test in California
4 months (first offense, age 21+, BAC 0.08 or more); 1 year (second or later offense within 10 years); 1 year for drivers under 21 at 0.01 or moreCal. Veh. Code §§ 13558(b), 13353
Suspension if You Refuse a Test in California
1 year (first); 2-year revocation (one prior within 10 years); 3-year revocation (two or more priors within 10 years)Cal. Veh. Code §§ 13558(b), 13353
Official source: suspension if you refuse a test (California)
Getting a Restricted Driver's License (Ignition Interlock or Work-Related) in California
After a conviction, DMV advises eligible drivers they may apply for a restricted license if they enroll in a licensed DUI program, install a certified ignition interlock and submit the Verification of Installation form, file proof of financial responsibility, and pay fees. Drug-only second and third offenders must first serve 12 months. Commercial drivers who committed the offense in a commercial vehicle are not eligible for restricted licenses under paragraphs (3) to (7). The court may prohibit a restricted license for public safety reasons.
More on DUI Law in California
See the full overview of DUI laws in California and read about hardship licenses in every state.
This page summarizes California law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in California can advise on your case.
Frequently Asked Questions
How Long Do You Have to Request a Hearing in California?
10 days. How it is counted: the date you receive the notice of the order of suspension or revocation.
How Long Is the License Suspension for Failing a Test?
4 months (first offense, age 21+, BAC 0.08 or more); 1 year (second or later offense within 10 years); 1 year for drivers under 21 at 0.01 or more
Can You Get a Hardship License in California?
After a conviction, DMV advises eligible drivers they may apply for a restricted license if they enroll in a licensed DUI program, install a certified ignition interlock and submit the Verification of Installation form, file proof of financial responsibility, and pay fees. Drug-only second and third offenders must first serve 12 months. Commercial drivers who committed the offense in a commercial vehicle are not eligible for restricted licenses under paragraphs (3) to (7). The court may prohibit a restricted license for public safety reasons.