If you have a restricted license, you are extremely limited in where you can drive.
For many Californians, one of the most surprising aspects of an arrest for driving under the influence (DUI) is that the police will generally confiscate your license. A license suspension is an immediate consequence of a DUI arrest. Unless you contest this administrative suspension with the California Department of Motor Vehicles (DMV) within 10 days, your license will automatically be suspended. Even if you do contest this suspension, if you are convicted of DUI or plead guilty to the charges, your license will be suspended.
The length of your DUI suspension will depend on whether it is your first offense or a second or greater offense. For a first-time DUI, you will lose your license for a period of 6 months. For a second DUI, the license suspension is for a period of 2 years. For each subsequent DUI offense within a 10 year period, the length of the DUI suspension will increase.
California courts do offer some relief. According to a seasoned Santa Ana DUI defense lawyer, California offers the ability to obtain a restricted license after meeting certain requirements. These requirements are based on the offense that you have committed.
For a first-time DUI, you must be enrolled in a DUI first offender program, and inform the provider that you are applying for a restricted license. You must also file a SR_22 certificate, a surety bond, $35,000 cash deposit, or a self-insurer deposit with the California DMV. For a second DUI, you must meet these requirements and show proof that you have installed an ignition interlock device in order to obtain a restricted license.
If the court has imposed your license suspension, you can apply for a restricted license immediately. However, if your suspension was issued by the DMV, then you must wait 30 days to apply for a restricted license. If your license was suspended by both the court and the DMV, then you must wait 30 days from the start of the administrative suspension.
However, if you want to get a restricted driver’s license after a DUI, you cannot refuse to take a post-arrest chemical blood or breath test. If you do so, then you will not be able to obtain a restricted license. For example, if you refuse to take a chemical breath or blood test after a first-time DUI, you will face a 12 month license suspension. During this time period, you will not be allowed to apply for a restricted license.
So where can you drive if you have a restricted driver’s license? As a Santa Ana DUI defense lawyer can explain, a restricted license does not allow you to go anywhere you want. Instead, you are only allowed to drive to and from work, and where you may need to go during the course of your employment. You are also allowed to drive to and from your DUI program. That’s it. Otherwise, you are not permitted to drive.
While restricted licenses are available for people convicted of DUIs in California, they are not ideal because they do not allow you to carry out most of your daily activities. That is why it is better to avoid a DUI conviction — and the associated license suspension — entirely.
If you have been charged with a DUI in Santa Ana or the surrounding areas, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or learn more about how we can help you.
