DUI Lawyer | Joel Brand, Esq.

Restricted License After a DUI

Driving under the influence (DUI) is a serious offense in California, carrying significant legal and personal consequences. Among these consequences, license suspension is one of the most immediate and impactful. Losing driving privileges can disrupt daily life, affecting work, family responsibilities, and personal freedom. However, California law provides for the possibility of obtaining a restricted license, which allows limited driving privileges under specific conditions. This article explores the process, eligibility requirements, and practical implications of obtaining a restricted license after a DUI in California.

Understanding DUI License Suspension

When a person is arrested for DUI in California, they face two separate legal actions: a criminal case and an administrative action by the California Department of Motor Vehicles (DMV). The DMV can suspend or revoke a driver’s license independent of the outcome of the criminal case. This administrative action is known as Administrative Per Se (APS) suspension.

Administrative Per Se Suspension

An APS suspension is triggered if the driver:

  1. Refuses to take a chemical test.
  2. Takes a chemical test and the results show a blood alcohol concentration (BAC) of 0.08% or higher.
  3. Is under 21 years old and has a BAC of 0.01% or higher.

Criminal License Suspension

In addition to the APS suspension, the court may also impose a license suspension if the driver is convicted of DUI. The length of the suspension depends on several factors, including the driver’s BAC, prior DUI convictions, and whether there were any aggravating factors, such as causing injury.

Eligibility for a Restricted License

A restricted license allows the driver to drive under specific conditions, typically for essential purposes such as commuting to work, school, or medical appointments. Eligibility for a restricted license depends on several factors, including the nature of the offense, prior DUI convictions, and compliance with certain requirements.

First-Time DUI Offenders

First-time DUI offenders are generally eligible for a restricted license after completing certain steps:

  1. Serve a mandatory suspension period (typically 30 days).
  2. Enroll in a DUI First Offender Program (typically a three-month alcohol education program).
  3. File an SR-22 form with the DMV, which is a certificate of financial responsibility.
  4. Pay a reissue fee to the DMV.

Multiple DUI Offenders

Drivers with prior DUI convictions face stricter requirements and longer suspension periods. However, they may still be eligible for a restricted license if they:

  1. Serve a longer mandatory suspension period.
  2. Enroll in an extended DUI education program (such as an 18-month or 30-month program).
  3. Install an ignition interlock device (IID) on their vehicle.
  4. File an SR-22 form with the DMV.
  5. Pay a reissue fee to the DMV.

Ignition Interlock Device (IID) Requirements

Starting January 1, 2019, California implemented a statewide ignition interlock device (IID) program. Under this program, individuals convicted of DUI may be required to install an IID on their vehicles to obtain a restricted license. The IID requires the driver to blow into a device that measures BAC before the vehicle can start. If alcohol is detected, the vehicle will not start.

The Application Process for a Restricted License

Obtaining a restricted license involves several steps. It is essential to follow these steps carefully to ensure compliance and avoid further legal issues.

Step 1: Serve the Mandatory Suspension Period

After a DUI arrest, there is typically a mandatory suspension period during which the driver cannot apply for a restricted license. For first-time offenders, this period is usually 30 days.

Step 2: Enroll in a DUI Program

The driver must enroll in a state-approved DUI education program. The length of the program depends on the specifics of the DUI offense. Proof of enrollment is required to apply for a restricted license.

Step 3: File an SR-22 Form

The driver must file an SR-22 form with the DMV. This form is a certificate of financial responsibility, proving that the driver has the necessary auto insurance coverage. The SR-22 must be maintained for a specified period, typically three years.

Step 4: Install an IID (if required)

If the court or DMV requires an ignition interlock device, the driver must have it installed by a certified provider. Proof of installation must be submitted to the DMV.

Step 5: Pay the Reissue Fee

The driver must pay a reissue fee to the DMV to obtain the restricted license. The amount of the fee may vary based on the specifics of the case.

Practical Implications of a Restricted License

A restricted license allows limited driving privileges, which can significantly alleviate the hardships caused by a full license suspension. However, it is essential to understand the limitations and responsibilities that come with a restricted license.

Limited Driving Privileges

A restricted license typically allows the driver to:

  1. Drive to and from work.
  2. Drive to and from school.
  3. Drive to and from DUI program classes.
  4. Drive to and from medical appointments.

Compliance and Monitoring

Drivers with a restricted license must strictly adhere to the terms of the license. Any violation, such as driving outside the allowed conditions or failing to maintain the IID, can result in further legal consequences, including revocation of the restricted license and additional penalties.

Conclusion

Navigating the aftermath of a DUI arrest in California can be challenging, particularly when it comes to dealing with license suspension. However, the option of obtaining a restricted license provides a vital lifeline for many individuals, allowing them to maintain essential driving privileges while addressing the legal and personal ramifications of their DUI offense. By understanding the eligibility requirements, following the application process, and adhering to the conditions of a restricted license, individuals can mitigate the impact of a DUI suspension and work towards rehabilitation and recovery.

Citations:

  1. California Vehicle Code § 13352.
  2. California Vehicle Code § 23538.
  3. California Department of Motor Vehicles (DMV) – DUI Information: https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol
  4. California Vehicle Code § 13352(a)(1).
  5. California Vehicle Code § 23575.3.