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Restricted Licenses in California After a DUI

What happens to my driver's license after a Fresno DUI?

If you are arrested for DUI in Fresno or the surrounding areas, the officer will give you something called an Order of Suspension/Revocation. If you currently have a valid California driver's license, the officer will confiscate the license and send it to the DMV (Department of Motor Vehicles). This Order of Suspension/Revocation supplies you with a temporary driver's license that is valid for 30 days from the issue date (the issue date is typically the same date of your arrest).

Once the 30 days has passed, the actual suspension/revocation will go into effect. In the off chance that the officer does not provide you with an Order of Suspension/Revocation, the DMV will mail one to you.

Keep in mind that this temporary driver's license does not permit you to drive if there is another DMV or court-imposed driver's license action in effect against you. Also remember that this suspension/revocation is in addition to any jail, fines, or other criminal penalties that may be imposed upon you by the court.

Can I get a restricted license after a second DUI in Fresno?

Typically, a driver is able to obtain a restricted driver's license after a second Fresno DUI. Since July 1, 2010, drivers who have been convicted of a second DUI offense in the state of California are eligible to get a restricted driver's license after 90 days if certain requirements have been met. The 90 days includes credit for the administrative license suspension, if applicable. These requirements include:

  • Proof of enrollment in a licensed 18-month or 30-month DUI/alcohol education program
  • Verification that an ignition interlock device has been installed in your vehicle
  • An SR-22 certificate of insurance
  • Payment of reissue and restriction fee

Are there some Fresno drivers who are not able to get a restricted license?

Although many drivers are able to obtain restricted licenses after a second DUI offense in California, there are some who are ineligible to obtain this type of driver's license. A restricted license will not be available to you if:

  • The conviction was for driving under the combined influence of alcohol and drugs
  • The driver is under the age of 21
  • The DMV suspended the individual's driver's license for refusing to submit to a chemical test
  • The DMV has a current policy of not permitting those who were on probation at the time of the second DUI offense to obtain restricted licenses

If I am unable to get an early restricted license after 90 days, when can I get it?

If you are unable to receive a restricted license after 90 days, you are likely eligible to receive the special license after a one-year suspension. In this case, the driver must show the following:

  • Proof of enrollment in a licensed 18-month or 30-month DUI/alcohol education program
  • Verification that an ignition interlock device has been installed in your vehicle
  • An SR-22 certificate of insurance
  • Payment of reissue and restriction fee

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.

What Happens Now?

Roadside arrest

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!

Myths & Truths About DUI Charges

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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.