For many, the New Year represents a fresh start: a time to set goals, clear the clutter from our lives, and move forward. But if you are one of the many Californians who began the year with a DUI arrest or a suspended driver’s license, moving forward feels literal. Without a license, getting to work, picking up the kids, or even grocery shopping becomes a logistical nightmare.
If your New Year’s resolution is to get back on the road and regain your independence, you aren’t alone. At The Law Offices of Christopher Chaney, we help clients navigate the tangled web of the California DMV and the criminal court system every day.
Getting your license back isn't just about waiting out a calendar; it’s about taking specific, proactive steps. Here is your 2026 guide to license restoration in California.
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The "Two-Front War": DMV vs. The Criminal Court
Most people don't realize that a DUI triggers two completely separate legal battles. To get your license back, you have to win (or satisfy) both.
- The Administrative (DMV) Side: Triggered the moment you are arrested. The police likely took your plastic license and gave you a pink piece of paper. This is your temporary 30-day license. If you don't act within 10 days, your license is automatically suspended.
- The Criminal (Court) Side: This deals with your guilt, fines, and potential jail time. If you are convicted, the court will report it to the DMV, which triggers a second suspension.
New for 2026: Under Assembly Bill 366, California has officially extended the statewide Ignition Interlock Device (IID) pilot program through 2033. This means that for many first-time and repeat offenders, the path to a license involves checking your BAC before driving your car, but it also allows you to keep driving almost immediately if you follow the rules.
Step 1: The 10-Day Rule (Don't Miss It!)
The most common mistake people make is waiting until their court date to worry about their license. By then, it’s usually too late to save it.
You have exactly 10 calendar days from the date of your arrest to contact the DMV and request an Administrative Per Se (APS) Hearing.
- Why request a hearing? It pauses your suspension while your case is being reviewed.
- The Benefit: An experienced DUI defense attorney can use this hearing to challenge the evidence against you, potentially stopping the suspension before it even starts.
Step 2: Enroll in DUI School
To get your license back, the DMV requires proof that you’ve enrolled in a state-approved DUI program. The length of the class usually depends on your BAC level at the time of your arrest ranging from 3 months for first-time offenses to 18 months for repeat violations.
Pro-Tip: Don’t wait for your court date to finish. Enrolling early and showing proof to the DMV can significantly speed up your application for a restricted license.
Step 3: Secure an SR-22 Insurance Certificate
To the DMV, reinstating a license is synonymous with proof of financial responsibility. You will need your insurance company to file an SR-22 form.
This is not a separate insurance policy; it is a document that proves you carry the state-required minimum liability coverage. Be aware that many standard insurers will raise your rates or even cancel your policy once you request an SR-22. We often recommend clients speak with high-risk insurance specialists who can file the SR-22 without alerting their primary carrier if possible.
Similar Post: The Long-Term Effects of a DUI Conviction on Your Record
Step 4: The Ignition Interlock Device (IID)
As of January 1, 2026, the IID remains the golden ticket for many drivers. In the past, a DUI meant you couldn't drive at all for months. Now, California law allows most drivers to obtain an IID Restricted License right away.
- How it works: You install a breathalyzer in your car. If you blow a 0.00, the car starts.
- The Reward: You can drive anywhere, anytime, not just to work or school. For many, this is the best way to maintain their lifestyle and employment while their case is pending.
Step 5: Pay the Reissue Fees
Once you’ve completed your suspension period (or qualified for a restricted license), you must pay the DMV to reinstate your driving privileges.
- Administrative Fee: Usually around $125 ($100 if you were under 21).
- Drug/Alcohol Program Fee: There may be additional small administrative fees associated with your specific program completion.
You can now pay many of these fees online through the modernized 2026 DMV portal, but ensure you keep your receipts for court.
Why You Need a Criminal Defense Lawyer in Your Corner
Navigating the DMV is often more difficult than the criminal court. The rules are rigid, the deadlines are short, and one missed form can set you back months.
At The Law Offices of Christopher Chaney, we specialize in license rescue. We don't just stand next to you in court; we handle the DMV paperwork, represent you at APS hearings, and help you find the right DUI schools and SR-22 providers.
A Quick Note on 2026 Legislation
It is important to stay updated on the law. For example, if your DUI involves an accident, AB 1087 now allows for longer probation periods (3 to 5 years), which means any driving on a suspended license charge during that time carries much harsher consequences.
Make This the Year You Move Forward
A DUI arrest feels like a dead end, but it doesn't have to be. By taking proactive steps this January, you can ensure that by the time spring rolls around, you are back in the driver’s seat.
If you or a loved one is facing a DUI or a license suspension in Los Angeles, Orange, or Ventura Counties, don't wait. The 10-day clock is ticking.
Contact the Law Offices of Christopher Chaney today at 818-330-5198 for a free consultation. Let’s get your resolution started.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
