Restricted License DUI

On this page you will find:-

On a first time DUI you cannot drive for 30 days if you lose your DMV hearing, but after 30 days you can get a restricted license to drive to work.


Are you eligible for a Restricted License?

License suspensions for DUI in California

If you lose your DMV hearing for DUI in California, and there was not a refusal, you face the following suspensions:

First Time DUI

The DMV will suspend your license for a minimum of one month. After this one-month suspension of your driver’s license, you can obtain a restricted license to drive to work for the next 4-5 months (or possibly longer depending on what happens in court)  if you:-

In summary, on a first time DUI you cannot drive for 30 days if you lose your DMV hearing but after 30 days you can get a restricted license to drive to work.

Second Time DUI within 10 years

The DMV will suspend your license for two years if you lose your DMV hearing.  NO DRIVING AT ALL IS ALLOWED FOR THE FIRST 90 DAYS. YOU ARE NOT EVEN ALLOWED TO DRIVE TO WORK.

People cannot believe the DMV will not allow a restricted license during this 90-day period but the law is brutal and merciless on second DUIs and your license will be suspended for two years – WITH NO DRIVING ALLOWED AT ALL for 90 DAYS by the DMV for a second time DUI.

After 90 days of no driving at all and installation of an ignition interlock device, you might be eligible for an IID-restricted license which would allow you to drive for work-related reasons.  The DMV will notify you if and when you are eligible to apply for a restricted license.

Note: The 90-day no-driving period applies if you were convicted of driving under the influence of alcohol only.  If you were convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, the period of no driving at all before you might be eligible for a restricted license is 12 months.

Third Time DUI within 10 years

The DMV and the Court will attempt to revoke your license for three years so you cannot drive at all. After six months of no driving at all, you might be eligible for an IID-restricted license which would allow you to drive for work-related reasons, subject to certain conditions including, among other things:-

Note: The 6-month no-driving period applies if you were convicted of driving under the influence of alcohol only.  If you were convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, the period of no driving at all before you might be eligible for a restricted license is 12 months.

The DMV will notify you if and when you are eligible to apply for an IID-restricted license.

Fourth Time DUI within 10 years

No early restricted license privileges are allowed under the Admin Per Se law for offenders having three or more prior APS or DUI offenses.

Negligent Operator & Restricted License

If the California DMV wants to suspend your license for being a negligent operator you are still entitled to a DMV hearing and you might be able to get a restricted drivers license if you drive a lot for work; so make sure you have a DMV hearing in these situations.  You must request a DMV Hearing within 10 days of your DUI arrest.

How to get a Restricted License

To get a restricted license you will need to go to your local DMV office. The DMV will then look at your record to see if you have:-

  1. Enrolled in the approved DUI class
    • (You must notify the program provider that you intend to apply for a restricted driver license.)
    • Ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender program with DMV (CVC §23538(b)).
  2. Filed an SR-22 proof of insurance
  3. Served the appropriate suspension time
  4. Complied with all Ignition Interlock requirements

If you meet all of these DMV requirements they will then issue you a restricted license after you pay them a DMV reissue fee of $125.

Getting to work

Alternatives to Jail in Los Angeles

Most everyone needs a license in Los Angeles to drive to work and cannot miss work to go to jail.  If you face jail time, we have been very successful in obtaining alternatives to LA County Jail such as community service, Private Jail, Cal Trans Work, Work Furlough, House Arrest, etc; so people don’t miss work and lose their jobs.

REFUSAL

If you refused to take a breath test or blood test when you were arrested for DUI, even if you tried blowing into the machine, you face a one-year suspension of your license with absolutely no chance of getting a restricted license to drive to work during this suspension. If you have prior DUIs then you face a longer suspension.

You must win your DMV hearing in all refusal cases to get your license back and avoid this strict punishment. The courts have no power over your license in refusal cases which means even if you go to trial and win, it will not affect your license status. You must win your DMV hearing to get your license back.

There have been cases where people have tried blowing into the breath machine and when no result is obtained, officers sometimes get impatient, accusing you of not blowing hard enough, and they say that you have refused to take a test without telling you that you face a 1-year license suspension and a minimum of 48 hours in jail from the court for refusing to take a test.

So Refusal cases are very serious and you must get a DMV hearing to fight these allegations.

Please call us (310) 285-1516 to speak with a Los Angeles DUI Attorney if you have any questions regarding getting a restricted license.