Last Updated on July 2, 2025
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, but driving on a suspended license can open you up to even more criminal penalties. Fortunately, California allows many drivers to obtain a restricted license enabling them to travel from home to work, school, and their court-mandated alcohol rehabilitation classes. Unfortunately, not everyone is eligible for a restricted license after a DUI arrest in California, which is why it is helpful to speak with your DUI lawyer if you are interested in applying.
Who Qualifies for a Restricted License in CA?
There are a lot of factors that play into eligibility for a restricted license in California. Your DUI attorney can help explain whether you qualify, given your case’s circumstances. Generally speaking, anyone who refused to take a chemical test or was caught driving on a suspended license will be ineligible for a restricted license.
For the most part, minors who have received DUIs cannot obtain restricted licenses from the DMV unless they can prove hardship conditions that show they require a “critical need” restricted license. A lawyer can help you prove hardship if you believe you may qualify. The criminal court may also grant a restricted license to persons under 21 who have been convicted of driving under the influence.
The Difference Between a Temporary and Restricted 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. You have 10 days to file for a hearing with the DMV to fight your license suspension, and if it is scheduled after your temporary driver’s license expires, your attorney may request an extension until your hearing date.
This temporary license allows you to drive wherever you want, but once it expires or the DMV officially suspends your license, you will lose your ability to drive. Unlike the temporary license, this restricted license only allows you to travel between specific places, typically work, home, school, medical appointments, and DUI school.
How Long Do You Have to Wait Before Applying?
If this was your first DUI conviction within the last ten years and you won at the DMV hearing, you can begin applying for a restricted license immediately without waiting through the standard 30 days of 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, or immediately install an ignition interlock device.
If you already had a DUI within the last 10 years and have no probation violations, you need to install an ignition interlock device before applying for restricted driving privileges. Until 2019, there were hard suspension times for those with prior DUI convictions on their record before they could obtain a restricted license, but now these wait times have been removed as long as you install an ignition interlock device. Similarly, they can now drive anywhere rather than be restricted as to when and where they can drive.
For a first-time DUI offense, you may avoid any mandatory license suspension period or restrictions on your driving destinations as long as you install an ignition interlock device.
Those who refused to take a chemical test or were charged with a drug DUI rather than one related to alcohol use cannot take advantage of this opportunity and will not benefit from installing an ignition interlock device in their vehicle.
How to Get a Restricted License
No matter what your specific circumstances, to get your restricted license, before getting a restricted license, you will need to obtain an SR-22 certificate of financial responsibility 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 driver’s license is optional. You only need to do so if you want to have your right to drive reinstated early, though with restrictions.
Also, in some cases, getting a restricted license may lengthen the time your license suspension will apply. As you can see, these laws are very complex, so it is beneficial to contact a lawyer before applying for a restricted license.
If you have any questions about restricted licenses and California DUI law or would like to schedule a free initial consultation, please call (760) 643-4050 to speak with attorney Peter M. Liss.
