Getting A Restricted License After a DUI

Losing your ability to drive can have many consequences on your life.  Learn how you can get a restricted driver’s license after you have been arrested for DUI.

Getting A Restricted License After a DUI

An arrest for Driving Under the Influence (DUI) carries many penalties, from fines to possible jail time to mandatory DUI classes.  But for many people, one of the most challenging aspects of a DUI arrest is losing their ability to drive.  A license suspension can have a serious impact on your life, especially in Southern California, where you’ll likely need a vehicle to get to and from work.  A skilled Riverside DUI lawyer can help minimize some of these effects by helping you challenge your license suspension and/or getting a restricted license.

How a DUI Impacts Your Ability to Drive

When you are arrested for a DUI, the police will seize your California driver’s license and mail it to the DMV.  You will receive a pink-colored temporary license when you are released, which allows you to drive for thirty days after your arrest.  Within ten days of your arrest, you can file a request for a hearing with the California DMV to contest your license suspension. If you do not file this request, your license will automatically be suspended.

At this hearing, a DUI attorney can represent you to argue that your license should not be suspended. This can be done through cross examining the State’s witnesses and introducing evidence in court that your arrest was not lawful or that you were not actually driving under the influence.  If the DMV hearing officer agrees with your attorney, your license will be returned to you. If you lose the hearing, your license will be suspended.  You can file for a restricted license 30 days after the hearing. This 30 day period is known as a hard suspension.

What Is A Restricted License?

A restricted license is a special license that allows you to drive to and from work and to and from any court-ordered programs, such as alcohol classes.  It is usually available only to first-time offenders, but repeat offenders may be eligible under certain conditions.  In order to get a restricted license, you must do the following:

  • Enroll in a licensed California DUI program
  • Show proof of financial responsibility (SR-22 insurance)
  • Pay a $125 re-issue fee

In some situations, a judge may order you to have a ignition interlock device installed on your car in order to get a restricted license.  Restricted licenses are usually valid for five months.

With a restricted license, you are extremely limited in where you can go.  Generally, drivers with a restricted license can only drive to and from work and court-ordered programs.  Importantly, if you refuse to take a blood or breath chemical test after you are arrested for a DUI, you are not eligible for a restricted license.

Attending court-order programs, including DUI classes, is required when you have a restricted license.  If you do not go to these classes, the DMV will revoke your restricted license and suspend your license entirely.  If you are caught driving outside of the limitations on your restricted license, you may face additional fines and penalties.

Losing the right to drive can be one of the most frustrating consequences of a DUI charge.  That is why it is so important to have a seasoned Riverside DUI attorney on your side if you are arrested for a DUI.  Attorney Dan E. Chambers will fight for your rights, including the privilege of driving.  If you have been arrested for a DUI in Riverside and want to preserve your ability to drive, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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