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Getting a Restricted License

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Can I Get a Restricted License?

Getting a restricted license depends on several factors, including if you were over 21 at the time of the alleged offense, if you have any prior DUIs, and if you refused to take a chemical test.

You are not required to apply for a restricted license unless you want one (most people do).  The restriction is usually, to and from work, during work, and to and from a DUI school.

First Time DUI

With a first offense, if depends if you won the DMV hearing or not.  All this info below assumes 1) you were over 21 years old at the time of arrest, 2) you did not refuse the chemical test, 3) this was a first-offense DUI, and 4) you were not on probation for another alcohol-related driving offense.

If you won the DMV APS hearing:

If you won the DMV APS hearing, but were convicted of DUI in Court, you can apply immediately for your restricted license (you do NOT need to wait a 30-day hard suspension). See California Vehicle Code 13352.4.  If you won the DMV hearing, to get a restricted license, you must:

  1. File an SR-22;
  2. Enroll into the First Offender Program (must be the 3-month program); and
  3. Go into DMV to apply for the restricted license for $125. (VC 13357.7)

If you did NOT win the DMV hearing:

If you did NOT win the DMV APS hearing, and DMV suspended your license from that hearing, to get a restricted license you must:

  1. Wait the 30-day hard suspension from the date of the APS suspension starts (VC 13353.7(a));
  2. File an SR-22; Enroll into the First Offender Program (must be the 3-month program); and
  3. Go into DMV to apply for the restricted license for $125. (VC 13357.7)

Where can I drive on this restricted license?

This restricted license on a first offense DUI allows you to drive only 1) to/from/for work and drive to and 2) to/from activities required in the driving-under-the-influence program (ie. DUI driver class). (VC 13352.4(c))

Will the restricted license add time to my suspension?

Maybe.  It depends if you are convicted of DUI in Court, and if you win your DMV hearing.

  1. If you lose your DMV hearing, but are not convicted of DUI in Court (eg. reduced to a wet reckless or better or case dismissed), the restricted period will be for a total of 5 months.  So 1 month hard suspension, and 5 months restricted. (VC 13353.7(a)(3))
  2. If you win your DMV hearing, but are convicted for DUI, the restricted period is 6 months, the entire length of the suspension. (VC 13352.4(b))

Keep in mind, if you lost your DMV hearing, and are convicted of DUI, you will receive credit for any suspension from the DMV hearing as long as the two periods overlap. (VC 13353.3(c))

Refusal:

If police arrest arrested you for DUI, and DMV can prove you refused the chemical test after DUI arrest, you cannot get a restricted license.

Commercial license:

If you held a commercial driver's license and was operating a commercial motor vehicle at the time of the violation that resulted in a suspension or revocation of your noncommercial driving privilege you are not eligible for the restricted driver's license. (VC 13352.4(g)) However, if you were not driving your commercial vehicle at the time of the alleged offense, you can get a restricted license, but not for commercial purposes. (VC 13353.7(c))

DUI as a second offense within 10 years:

For a second DUI within 10 years, DMV suspends your license for two years (California Vehicle Code 13352(a)(3)), although as long as your conviction did not include the use of drugs and you were only under the influence of alcoholic at the time of driving, you may apply for a restricted license by:

  1. Either 1) waiting one year suspension first AND completing 12 months of the Multiple Conviction Program, or 2) waiting three months suspension; AND
  2. Installing an ignition interlock device (IID) and submitting a Verification of Installation (the IID company should know how to do this), and calibrate the IID once every 60 days (California Vehicle Code 23575, 13352); AND
  3. Enrolling into the 18-month (or 30-month if ordered by the Court) Multiple Conviction Program; AND
  4. Filing an SR22; AND
  5. Going into DMV to apply for $125 (VC 13352(a)(4))

This may not apply if there is a probation violation.

The non-IID restricted license only allows you to drive 1) to/from/for work and drive to and 2) to/from activities required in the driving-under-the-influence program (ie. DUI driver class). (VC 13352.4(c))

However, the IID restricted license allows you to drive anywhere you want (not just for work and DUI classes). Police may not know this though, and if you get stopped, you can explain to the officer that Senate Bill 598 addressed this issue and allows you drive with the only restriction being you must have the IID.  If you want documented proof to show, you can go into the DMV and purchase an H6 Form for about $6.  That will list all restrictions on your driving ability, and the only restriction should be to have the IID.

You can only drive a car that has the IID equipped. (VC 23575(f)(1))  However, as long as you're not the owner of the business, you can drive as an employee without putting an IID into the company car (VC 23576).  You just need to jump through some hoops.  First you need to notify your employer your driving privilege has been restricted per VC 23700.  Then you'll need to fill out the DMV form “DL 923” and keep it in the company vehicle or in your possession.  You can go into DMV to get the DL 923 form, or request it by calling DMV at 1-800-777-0133.

Wet reckless with 1 prior DUI within 10 years (where you lost the DMV APS hearing on this second offense):

When there is a DMV suspension as a second DMV offense within 10 years, but only wet reckless conviction, to get a restricted license, you must 1) wait 90 days hard suspension from the date of the DMV hearing suspension (not the Court suspension); 2) enroll and attend the 9-month First Conviction Program DUI class, and 3) install an IID and calibrate it once every two months (VC 23575).  The restricted license will last for the remainder of the one-year suspension (9-months total). (VC 13353.3(b)(2)(C))

With a restricted license with an IID, you're able to drive anywhere you want, whereas usually a restricted license only lets you drive to/from/for work and to the DUI class.  The IID does not have this restriction.  Police may not know this though, and if you get stopped, you can explain to the officer that Senate Bill 598 addressed this issue and allows you drive with the only restriction being you must have the IID.  If you want documented proof to show, you can go into the DMV and purchase an H6 Form for about $6.  That will list all restrictions on your driving ability, and the only restriction should be to have the IID.

You can only drive a car that has the IID equipped. (VC 23575(f)(1))  However, as long as you're not the owner of the business, you can drive as an employee without putting an IID into the company car.  You just need to jump through some hoops.  First you need to notify your employer your driving privilege has been restricted per VC § 23700.  Then you'll need to fill out the DMV form “DL 923” and keep it in the company vehicle or in your possession.  You can go into DMV to get the DL 923 form, or request it by calling DMV at 1-800-777-0133.

DUI as a third offense within 10 years:

For a third DUI within 10 years, DMV revokes your license for three years (VC 13352(a)(4)), although as long as your conviction did not include the use of drugs and you were only under the influence of alcoholic at the time of driving, you may apply for a restricted license.  To get the restricted, you must:

  1. Either first 1) wait 6 months of your suspension, or 2) complete 12 months of the Multiple Conviction Program 1 year first; AND
  2. Install an ignition interlock device (IID) and submit a Verification of Installation (the IID company should know how to do this), and calibrate the IID once every 60 days (California Vehicle Code 23575, 13352); AND
  3. Enroll into the 18-month (or 30-month if ordered by the Court) Multiple Conviction Program; AND
  4. File an SR22; AND
  5. Go into DMV to apply for $125 With a restricted license with an IID, you're able to drive anywhere you want, whereas usually a restricted license only lets you drive to/from/for work and to the DUI class.  The IID does not have this restriction.  Police may not know this though, and if you get stopped, you can explain to the officer that Senate Bill 598 addressed this issue and allows you drive with the only restriction being you must have the IID.  If you want documented proof to show, you can go into the DMV and purchase an H6 Form for about $6.  That will list all restrictions on your driving ability, and the only restriction should be to have the IID.

Also, as long as you're not the owner of the business, you can drive as an employee without putting an IID into the company car.  You just need to jump through some hoops.  First you need to notify your employer your driving privilege has been restricted per VC 23700.  Then you'll need to fill out the DMV form “DL 923” and keep it in the company vehicle or in your possession.  You can go into DMV to get the DL 923 form, or request it by calling DMV at 1-800-777-0133.

Contact a Fresno DUI Defense Attorney

If you have been arrested for DUI and are facing charges, contact a local DUI attorney who can help you with your case. Terry A. Wapner has represented drivers in DUI and other DUI-related cases for more than 27 years. Do not hesitate to contact his office in order to schedule your initial consultation.

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It’s a frightening situation. You are arrested for DUI after submitting to a breathalyzer and participating in a couple of field sobriety tests. The officer confiscated your driver’s license and provided you with a temporary license. You were given a notice to appear in court in a few weeks. Now what? Fresno DUI attorney, Terry A. Wapner, can help you make sense of this situation, guide you through the process, and might be able to provide the defense that results in finding you Not Guilty!

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Myth: “There is nothing that a Fresno DUI defense lawyer can do.” Truth: Absolutely not true. Over the past 7-10 years, the conviction rate in California for DUI's is only around 70 percent. That means that 30 percent of the charges are being reduced to charges that are less than a DUI charge or not guilty verdicts are being returned. I have the ability and have won Fresno DUI cases. Do not give in to despair and believe that you are destined to lose. Entering a guilty plea to a DUI charge when the evidence against you can be challenged may result in an expensive mistake that could haunt you in the long run.