One of the most difficult things people who receive DUIs need to deal with is the loss of their driving privileges. In a car-oriented city like San Diego, just getting from home to work and back can be a nightmare without being able to drive a car of your own. That’s why many people who receive DUIs opt to get a restricted license that will allow them to travel from home to work, school and their court-mandated alcohol rehabilitation classes. Unfortunately, not everyone is qualified for getting a restricted license after a DUI. If you are interested in getting such a license, please speak with your DUI lawyer.
Getting a Restricted License
There are a lot of factors that play into eligibility for a restricted license in California. Your DUI attorney can help explain whether or not you qualify given the circumstances of your case. Anyone who refused to take a chemical test will be ineligible for a restricted license.
For the most part, minors who have received DUIs are unable to obtain restricted licenses from the DMV unless they can prove hardship conditions that show the minor needs a “critical need” restricted license. A lawyer can help you prove hardship if you believe you may qualify. The criminal court may also grant persons under 21 who have been convicted of a DUI a restricted license.
How Long You Have to Wait
If this was your first DUI conviction within the last ten years and you won at the DMV hearing, you will be able to obtain a restricted license without waiting through the standard 30 days hard-suspension.
If you did not win at the DMV hearing or did not schedule a hearing, you must wait 30 days after your hard suspension was enacted. If you already had a DUI within the last 10 years and have no probation violations, you will need to have an ignition interlock device installed in your car and serve out 90 days of your suspension or go through at least one year of your license suspension before you can apply for restricted driving privileges.
Actions to Take Before Getting a Restricted License
No matter what your specific circumstances, in order to get your restricted license, before getting a restricted license, you will need to obtain SR-22 insurance and enroll in a DUI program. You will also need to pay a $125 fee for the license. It is also important to realize that applying for a restricted drivers license is not mandatory. You only need to do so if you would like to have your right to drive reinstated early, though with restrictions.
Also, in some cases, getting a restricted license may lengthen the amount of time your license suspension will apply. As you can see, these laws are very complex, which is why it is beneficial to contact a DUI lawyer before applying for a restricted license.
If you have any questions or would like to schedule a free initial consultation, please call (760) 643-4050 to speak with top Vista attorney Peter M. Liss.
Creative Commons Image by Ken Banks
