On this page you will find:-
- Are you eligible for a Restricted License?
- Negligent Operator and Restricted License
- How to get a Restricted License
- Alternatives to LA County jail
- Refusal cases
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:-
- Enroll in an alcohol class
- File proof of insurance (SR-22, proof of financial responsibility)
- Comply with all Ignition Interlock Requirements
- And pay the DMV a license reissue fee of $125.
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:-
- Proof of enrollment in an 18-month or 30-month DUI Education program
- Installation of an ignition interlock device.
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:-
- 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)).
- Filed an SR-22 proof of insurance
- Served the appropriate suspension time
- 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.