A restricted license can help you get to and from DUI school — but only if you qualify for one.
In California, most defendants in DUI cases face losing their license, either through an administrative suspension from the DMV or as part of the sentence issued by a judge in a DUI case. But because sentences for DUI convictions often includes mandatory DUI school, this presents a conundrum: how can a person get to and from DUI school if he or she does not have the right to drive?
California has strict penalties for DUI convictions, which typically include attendance at an alcohol education class for a set period of time (from three to thirty months, depending on the severity of the offense and whether it was a first-time conviction or more). A person convicted of a DUI may also have to perform community service or attend a program put on by the Mothers Against Drunk Driving (MADD) group. So how can a person fulfill these legal obligations when they are unable to drive and don’t have someone available to take them to or from school, community service or programs?
As a DUI lawyer in Riverside, CA will tell you, the answer to this question is relatively simple: you can fulfill your court-ordered obligations by getting a restricted license. Most (but not all) people convicted of a California DUI will be eligible for this type of license, which will allow them to drive to specific locations, including to and from work, to and from school and to and from court-ordered DUI classes or community services.
Eligibility for Restricted Licenses
Not every DUI offender is eligible for a restricted license. As a general rule, first and second time offenders can get a restricted license fairly easily. A first-time offender has to apply for a restricted license within thirty days after it is administratively suspended by the California DMV (either automatically or after a DMV hearing), or immediately after a court imposes a license suspension as a punishment for a DUI conviction. Second-time offenders (anyone who has had a prior DUI conviction within the past ten years) will have to wait longer to apply for a restricted license: 90 days. They will also have to install an ignition interlock device in their vehicle to obtain a restricted license. This device requires a person to give a breath sample to start their car and to continue driving it.
If a defendant has a third DUI within the past 10 years, they will have to wait eighteen months after their license is suspended, install an ignition interlock device in their car and attend a full year of DUI school (out of a longer 18 to 30 month required schooling sentence) before they can get a restricted license. This puts a repeat DUI offender in the difficult position of having to attend DUI school for 12 months without being able to drive at all — relying instead on public transportation or friends and family to get them to and from class. While this is challenging for many offenders, it is a necessary step to protect others from drivers who may have a serious alcohol problem and may be a danger to others on the road.
Finally, anyone who holds a commercial driver’s license (CDL) and was driving a commercial vehicle at the time of their DUI arrest will not be eligible for a restricted license even if it was their first-time offense. Because the potential for serious injuries or accidents is so high with a commercial vehicle, the California legislature made the decision to prevent this class of offenders from driving at all if they have been convicted of a DUI.
A DUI conviction can have many significant consequences, including the inability to drive to complete your sentence as ordered by the court. That is why it is so important to have a skilled DUI lawyer in Riverside, CA to represent you in your criminal case. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you if you have been charged with a DUI in Southern California.
