Getting a Restricted Driver's Licenses After a DUI in CA

What Is a Restricted License in California?

A standard restricted license is a driver’s license that allows drivers limited driving privileges to travel to work and DUI classes. California also offers an alternative license permitting unlimited driving for drivers convicted of an alcohol-related DUI who install an IID.

Who Qualifies for a Restricted License After a DUI?

Not all drivers can get a restricted license. While your DUI attorney can help explain whether you qualify, typically, the following groups of people are ineligible:

• Juveniles convicted of driving under the influence who do not qualify for a critical need exemption.¹
• Anyone who refused to take a chemical test.
• Those caught driving on a suspended license.

Commercial drivers can obtain a restricted license by downgrading to a non-commercial license.²

Types of DUI Restricted Licenses in California

There are two options: Employment/Treatment Programs and IID. The rules of the two programs are very different.

Employment/Treatment Program Restricted License

This “classic” option requires drivers to wait until their “hard suspension” ends (this varies based on the conviction) before obtaining a license. Once the hard suspension is over, a driver can obtain a license that will allow them to drive only to work and DUI classes during designated times.

With an employment/treatment program license, drivers can drive non-commercial company vehicles as required by their employer.

IID Restricted License

“In recent years, the DMV created a program that allows unlimited driving privileges as long as the driver installs and uses an IID device in their vehicle,” explains attorney Peter Liss. “With these licenses, drivers can go anywhere at any time, as long as they are operating a vehicle equipped with an IID.”

The flexibility of these licenses and the lack of waiting periods are why many people convicted of a first offense still choose to install an IID, though they are not legally required to do so.

Drivers with IID licenses can use company vehicles that are not equipped with an IID as part of their job, but only if the employer has already filed an Employer’s Exemption form and the driver takes the form with them at all times.

Note that because ignition interlock devices only measure alcohol, drivers convicted of drug-only DUI offenses usually cannot qualify for an IID-restricted license.

Learn more about Ignition Interlock Devices here.

How Soon Can You Get a Restricted License After a DUI in California?

Previously, California drivers charged with DUI had to wait for their hard suspension to end before applying for an employment/treatment restricted license. Now, installing an IID can allow some drivers to bypass these waiting periods and restrictions. Those convicted of driving under the influence of drugs cannot have the waiting period waived by installing an IID since these devices cannot measure drug use.

The hard suspension time before you are eligible for a traditional restricted license varies based on the conviction type. However, all drivers accused of an alcohol-related DUI with a prior conviction are required to install an IID, and thus can avoid these waiting periods. The only people who need to go through the hard suspension are:

• First-time offenders who do not install an IID
• Drivers charged with drug-only DUIs

First-offenders often choose to install an IID to avoid the restrictions of a standard restricted license, but this option is not available to drug-DUI offenders.

In these cases, here’s how long drivers must wait after their suspension starts to obtain a restricted license in California:

If you win at your DMV hearing, you can apply immediately with no waiting period. 

How Long Does a Restricted License Last?

To get your full license back, you must serve out your entire suspension term, regardless of whether you received a restricted license. Suspension lengths vary by offense, specifically:

What You Can and Cannot Do With a Restricted License

With an IID license, you may drive any time, anywhere in an IID-equipped vehicle, but you cannot operate commercial vehicles. Traditional restricted licenses have more rules.

You Can:

• Drive to Work
• Drive to DUI School

You Can’t:

• Drive Recreationally
• Travel Outside of Approved Hours
• Operate a Commercial Vehicle

Can You Drive to Work After a DUI in California?

Yes, but only while your temporary license is still in effect or after you get a restricted license. If you do not have a valid license, you must choose an alternative means of transportation, or you can be charged with driving on a suspended license.

What Happens If You Violate a Restricted License?

“If you break your license agreement by driving outside designated locations/times, or by driving a vehicle without an IID, you can be charged with a misdemeanor or an infraction under 14603 (VC)³,” warns Liss. This offense is punishable by:

• Up to six months of jail time
• Loss of restricted license
• Additional suspension period
• One point on your DMV record

Sometimes, drivers can even be charged with driving with a license suspended due to a DUI (14601.2 (VC)). This misdemeanor crime is punishable by:

• Up to six months of jail time
• Fines of up to $1,000
• Inability to get a restricted license
• Additional suspension period
• Two points on your DUI record
• Mandatory IID installation

Like a DUI, you can challenge the license suspension at a DMV hearing, but you will need to address the misdemeanor charges in a criminal court.

To learn more, visit our dedicated page on license suspension and DMV hearings.

Temporary License Vs. Restricted License Vs. Full License Reinstatement

Depending on your situation, you may have one of three types of licenses following a DUI: a temporary license, a restricted license, and a reinstated, full license. It’s easy to get the three mixed up, although they are quite different. Here’s how each is unique:

Temporary License

When you are first arrested for a DUI, the officer will take your driver’s license and give you a temporary license that permits you to continue operating a vehicle for the next 30 days. This temporary license allows you to drive wherever and whenever you want, but once it expires, you will automatically lose your driving privileges. If you request a DMV hearing and it is scheduled after that point, your attorney may request an extension until your hearing date.

Restricted License

After the suspension kicks in, you may be able to obtain a restricted license, which will limit where and when you can travel or require you to only use vehicles fitted with IIDs. You must abide by these rules throughout the rest of your suspension period.

Full License Reinstatement

After your license suspension period has ended, you may get a standard license back, once you:

• Show that you completed your required DMV course.
• Obtain SR-22 insurance and wait for the company to send the form to the DMV (you must continue to carry this policy for three years).
• Install an IID in your vehicle (if necessary).
• Pay a reinstatement fee to the DMV.

How a DUI Attorney Can Help Protect Your Driving Privileges

If you want to get a restricted license after a DUI conviction in California, your lawyer can help you:

• Avoid the suspension by defending you in court and at the DMV hearing.
• Determine if you qualify for a restricted license.
• Find a location to install an IID.
• Secure SR-22 insurance.
• Understand the rules you need to follow under your license agreement.

If you have any questions about restricted licenses and California DUI law, please call (760) 643-4050 to schedule a free consultation with attorney Peter M. Liss.