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 $125;
- 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.
Provisional Driver’s License – Denver DUI Attorney
