A RESTRICTED LICENSE

How do I get a restricted license?

I get asked about getting a restricted license from the DMV from both potential and current clients. 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.

1. Persons who are not commercial drivers;
2. Persons who are not under the age of 21 at the time of the incident;
3. Persons who were above a .08% blood alcohol level at the time of the incident; and
4. Persons who do not have a pending second arrest or otherwise have a second violation for DUI.
5. Persons who did not refuse an alcohol test

(In other words, persons who refuse a breath or blood test, commercial drivers, persons under age 21, or who don't have another arrest are eligible for a restricted license).

Realize that you can only get a restricted license if you've already suffered a license suspension. In order to have your license suspended, you must have the following happen first:

• You had an alcohol related driving incident;
• You did not request a DMV hearing within 10 days, OR
• You lost a DMV hearing after requesting it.

What the DMV does, if you either don’t request a hearing, or lose your DMV hearing, is the following, first:

1. Suspend your license for four months for a first time offense, for 18 months or longer for a second or higher number offense;
2. Allow you to take steps to get a restricted license converting part, but not all, of the full suspension into a restricted license.

The amount of time your license will be restricted, or even suspended, depends on whether or not this is a first, second, third or fourth DUI.

1. For a FIRST time dui, the suspension period is four months;
2. For a SECOND time dui, the suspension period is eighteen months (one year and six months), unless there is a refusal, which means a two year suspension and no restriction;
3. For a THIRD time dui, the suspension period is eighteen months, unless there is a refusal, which means a three year suspension and no restriction.
4. FOURTH time DUIs can be charged as a felony, and can also result in a permanent revocation of your driving privileges in some circumstances.

The language authorizing the court to consider a restricted license can be found in California Vehicle Code section §23578, which states that the court may consider all factors in sentencing. Courts used to allow a restricted license as part of the DUI sentence. However, the changes to California Vehicle Code §13353.7(a) that took place on September 20, 2005, took away the grounds for the court to allow a restricted license, and makes a restricted license exclusively up to the DMV.

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:

1. Pay DMV a re-issuance fee of $125;
2. Show proof of financial responsibility (Form SR-22) Must be Maintained for 3 years;. This is a Department of Motor Vehicle form, but is sent electronically from your insurance company, via computer, to the DMV. Your insurance rates will go up.
3. Show proof of enrollment in a DUI approved Program (AB-541 or SB-762).

Other situations where you will need to show an SR-22 to the DMV to have your license returned:

1. Those convicted in the court of a DUI and sent to a DUI school. If the four months is not up by the time the DMV receives notice from the court of your conviction, then the requirement to show an SR-22 goes into effect.
2. Those who had their licenses restricted by the court for a DUI or "Wet Reckless". Proof of insurance must be maintained for a period of three years (from the date the original 4 month suspension would have been up). Proof of insurance WILL stay active (and you need not re-submit an SR-22) if you do not cancel the policy or get dropped during the 3 year period. The insurance policy that the SR-22 is filed under must remain in effect. If for any reason your policy is no longer in effect the insurance carrier is REQUIRED to notify the DMV. The DMV will then notify you that by a certain date you will have to file another SR-22 with them or your license will be suspended.

For a list of alcohol schools, please see our listing at http://www.expertlawfirm.com/california-dui-alcohol-schools.php, and for more information on the DMV, and DMV office locations, see our DMV page at http://www.expertlawfirm.com/criminal_defense/dui.php

Feel free to call our office anytime at (877) 568-2977, with any questions you might have.