DUI in California — the court track: suspension, IID, restricted license

A California DUI doesn’t run on one timeline — it runs on two at once. The DMV starts an Administrative Per Se (APS) suspension almost immediately after the arrest, and the criminal court case proceeds separately, with its own suspension if you’re convicted. The suspensions guide covers the APS side and the cause-map; this page is the court track — the conviction suspensions, the ignition interlock device, the restricted license, and the DUI program.

One thing to set up front: this page explains how the process generally works. It is not legal advice, and it never tells you what to do about your own case. A DUI is active legal jeopardy with deadlines that move fast — so the single most useful step is to request a DMV hearing within 10 days of your arrest and talk to a DUI attorney. Everything below is the general rulebook, not a substitute for that.

Two clocks: the DMV and the court

The APS suspension is the DMV’s own action, triggered by the arrest (a 0.08%+ result or a refusal) — 4 months for a first offense, 1 year for a repeat — and it’s detailed in the suspensions guide. The court suspension is separate, imposed only if you’re convicted, under a different statute (§13352 for the court vs §13353.2 for APS).

They run in parallel, and the most important consequence is this: beating or reducing the criminal case does not automatically clear the APS suspension. Different bodies, different timelines, different paperwork. Both can apply to the same arrest, and you have to deal with each on its own.

Court-conviction suspensions

When a court convicts you of a DUI, the DMV imposes a suspension tied to that conviction (§13352), separate from the APS action:

• First DUI, no injury (§23152): 6 months
• First DUI causing injury (§23153): 1 year
• Second, within 10 years: 2 years
• Third: 3 years
• Fourth or more: 4 years

These are the court-triggered periods; the APS periods (4 months / 1 year) run on their own clock. Under SB 1046, installing an ignition interlock device can let you keep driving on a restricted license rather than sitting out the suspension — covered next.

IID and the restricted license

California’s statewide ignition interlock device (IID) program has applied since January 1, 2019 under SB 1046 — the current statewide law, which replaced the earlier county pilot. An IID is a breath-alcohol device wired to the vehicle’s ignition.

The IID is mandatory for injury and repeat DUIs, for a period that scales with priors:

• First DUI with injury (§23153): 1 year
• Second DUI: 1 year
• Third DUI: 2 years
• Fourth or more: 3 years

A first non-injury DUI is not required to install one. Instead, you can choose an optional IID (about 6 months) for full driving privileges, or a 1-year restricted license limited to driving to and from work and your DUI program.

Installing the IID is the thing that lets you drive on a restricted license without serving the suspension period — that’s the main reason offenders install one. A restricted license also requires you to be enrolled in your DUI program and to keep an SR-22 on file (the insurance certificate explained in insurance & financial responsibility). The DMV sets the exact terms for your case.

The DUI program

A DUI conviction requires you to complete a licensed DUI program (“DUI school”), and you generally can’t fully reinstate until it’s done. The length is set by the offense and your BAC (§23538 / §23542 / §23548):

• First offense, BAC under 0.20%: 3 months (30 program hours)
• First offense, BAC 0.20%+ or a chemical-test refusal: 9 months (60 program hours)
• Second or third offense: 18 or 30 months — the court sets which, based on the offense specifics; confirm what applies to you with the DMV or your attorney

What this page does not cover

This is the general license-and-DMV process. It is not legal advice, and several DUI situations carry their own rules that turn on facts only an attorney should weigh:

• Felony DUI — a fourth offense, or a DUI causing serious injury or death
• “Wet reckless” — a reduced charge with different consequences
• Out-of-state DUIs and priors — how another state’s conviction counts against you here

If any of these is your situation, or you’re facing an active DUI case, request a DMV hearing within 10 days of your arrest and talk to a DUI attorney. Start at the DMV’s DUI page, and use the suspensions guide for the reinstatement steps once your case resolves.