How to get a restricted license in a California DUI case

How to get a restricted license in a California DUI case

How do I get a restricted license if I have a California DUI?

What is a restricted license?

A restricted license, which are sometimes called a “probationary license”, or a “work license “is authorized by California Vehicle Code section §13353.4.  A restricted license allows persons to drive ONLY for the following purposes:

to work; from work during the “course and scope” of employment; and to and from any required alcohol classes

Are you eligible for a restricted license?

Persons who refuse a breath or blood test, all commercial drivers, persons under age 21, or persons who have another DUI arrest pending are not eligible for a restricted license.

Has your license been suspended yet?

You can only get a restricted license if you’ve already suffered a license suspension.  That means that you must have had an alcohol related driving incident; and

You did not request a DMV hearing within 10 days, OR You lost a DMV hearing after requesting it.

How to get a restricted license from the DMV:

To get a restricted license after being suspended for a first time DUI, assuming you are over 21 years, you must do all of the following:

Pay DMV a re-issuance fee of 5; Show proof of financial responsibility (Form SR-22) Must be Maintained for 3 years;. This is a Department of Motor Vehicles (DMV) form, but is sent electronically from your insurance company, via computer, to the DMV.  Your insurance rates will go up. Show proof of enrollment in a DUI approved Program (AB-541 or SB-762).

If you’ve done all these things, you are eligible to get your license as soon as the mandatory suspension period ends.  The mandatory suspension period for a first time DUI is one month (30 days), to 12 months (one year) for second, third, fourth or higher DUIs.

Robert Miller is an attorney specializing in handling Los Angeles DUI cases. He is one of the Orange County DUI Lawyers at Miller and Associates in Southern California.

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