Is there any way to keep license valid after getting a first DUI? My job requires me keeping a valid license.

Asked in Richmond, CA on March 9, 2026 Last answered on April 23, 2026

1 answer

Walter Shaw
Answered by:

Walter Shaw

Ontario, CA
Shaw 3 Law Firm 951-263-0412
Free Consultation
Answer

If you’re dealing with a first DUI in California and your job depends on keeping a valid driver’s license, there may be options to continue driving—but it depends on the facts of your case and acting quickly.

Under California DUI law, the situation is usually analyzed in stages. First is the basis for the traffic stop—law enforcement must have a lawful reason to pull you over. Second is the DUI investigation, which includes observations, field sobriety tests, and chemical testing. Third is whether there was probable cause for a DUI arrest based on that investigation. These issues are typically handled in the criminal court process.

Separately—and very importantly—license issues are handled through the California DMV (Driver Safety Office), which is a different process from the court case.

After a DUI arrest, you are generally given a temporary license and have only 10 days to contact the DMV to request what’s called an Administrative Per Se (APS) Hearing. If you do not request this hearing within that timeframe, your license will usually be automatically suspended.

At the APS hearing, one of the key issues is whether your blood alcohol concentration (BAC) was:

  • 0.08% or higher if you are 21 or older, or
  • 0.01% or higher (essentially zero tolerance) if you are under 21

Other issues can include whether the officer had reasonable cause to believe you were driving under the influence and whether the arrest was lawful.

Even if there is a suspension, some people may be eligible for restricted driving privileges, such as:

  • A restricted license allowing driving to and from work
  • Use of an ignition interlock device (IID) to maintain broader driving privileges
  • Enrollment in a DUI program as part of reinstatement requirements

These options depend on factors like prior history, BAC level, and whether you take the right steps with the DMV.

Because BAC evidence can involve breath machines, blood draws, and timing of alcohol absorption, technical issues sometimes arise. Things like drinking patterns, machine calibration, and testing procedures can all affect the accuracy of results, which is why these cases are often highly fact-specific.

This is general information only, not legal advice. It does not create an attorney-client relationship. It is always best to contact a local DUI defense lawyer to get advice specific to your situation and to help protect your driving privileges as much as possible.

April 23, 2026

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