How To Get A Temporary License

How to Receive a Restricted Driver's License After a DUI

Learn About Both Temporary & Restricted Licenses

In this guide, I will explain how to receive a restricted license after a DUI in California.

Let's get started,

Important Note:

If you were arrested for DUI after January 1st, 2019 then the law has changed and you are eligible for a restricted license right away if you install an ignition interlock device.

You Are Not Eligible For a Restricted License Under Any Circumstances If:

You refused the chemical test
You are under 21
Are on DUI probation

How Long Can I Drive After Being Arrested For A DUI?

When you are arrested for a DUI and receive an order of suspension or revocation and temporary license, you may use the temporary license to drive for 30 days from the date of the order of suspension or revocation was issued.

This is provided you have been issued a California driver license and your driver license is not expired, or your driving privilege has not been suspended or revoked for some other reason.¹

How Long Does The Temporary License Last?

Thetemporary license lasts for 30 days until your suspension or revocation goes into effect.

In order to continue to drive on the temporary license beyond that 30 day period, you must have requested the DMV hearing within 10 days of the date of your arrest.

If the DMV hearing is requested timely, the temporary license will continue to be valid through the outcome of the hearing.

Once the DMV hearing has concluded and if a decision to suspend has been rendered, it is up to you to apply for a restricted license for your period of suspension or revocation in order to drive to and from work and any court ordered programs such as DUI school.²

Can I Apply For A Restricted License At The DMV Hearing?

No. You cannot apply for a restricted drivers' license at your DMV hearing. You must apply separately at any DMV office.

Can I Apply For A Restricted Commercial License?

If you held a commercial license and were operating a vehicle for commercial purposes at the time you were arrested for a DUI, which then resulted in a suspension of your noncommercial license, you are not eligible for the restricted license³.

If however, you were driving your personal vehicle at the time, you can still get a restricted license but not for commercial driving.⁴

What Happens If I Lose My DMV Hearing?

If you lost your DMV hearing, then you may install an ignition interlock device in your car to receive a restricted license, provided you do so before the suspension takes place.

For more information on the process if you lose your DMV hearing watch this video.

What If I Win My DMV Hearing?

If you won your DMV hearing, then your license is not suspended.

However, if you lost your criminal case then your license will be suspended but you are immediately eligible for a restricted license.

Requirements To Receive A Restricted License

In order to receive a restricted driver's license after a first offense, you must provide proof of enrollment in a licensed California driving under the influence program.
You also have to pay a $125 reissue fee for your license.
Show proof of financial responsibility (SR-22 insurance), and drive only to and from your place of employment or court ordered program.⁵
If you are in the pilot counties: Alameda, Los Angeles, Sacramento or Tulare counties, then you must also install an ignition interlock device upon conviction in court⁶.

If you are not in a pilot county, your restricted license will permit you to drive to and from work and to and from your alcohol education class.

You may opt for an IID restriction, which will permit you to drive anywhere, as long as you are operating a vehicle with the device installed.

If you are in a pilot county, your restricted license will permit you to drive anywhere, provided you are driving a vehicle with an IID.

What Happens If You Fail To Attend Your DUI Program?

If you fail to attend or do not complete the program, your restricted license will be revoked and your suspension will be reinstated.

If you are caught driving when your privileges were revoked, you can face penalties of between five days to a year in county jail and a fine between $300 and $1,000.⁷

Can You Get A Restricted License For Your Second DUI?

If it is your second DUI, then you are still permitted to get one of two kinds of restricted license.

Option #1

The first option is to wait until after the one-year hard suspension and then apply for a regular restricted license.

Option #2

Your second option is to install an ignition interlock device for one year and obtain a restricted license immediately⁸.

An ignition interlock device allows you to drive any non-commercial vehicle with a properly installed IID for any reason. There is no restriction on what purposes you may use your vehicle for.

Next Steps

Re quest A Free Consultation 818-351-9555

Footnotes

California Vehicle Code 13352 [↩]
California Vehicle Code §§13353.3, 13353.7 [↩]
Cal. Veh. Code §13352.4 [↩]
Cal. Veh. Code §13353.7 [↩]
Cal. Veh. Code §13357.7 [↩]
California Vehicle Code §13352(m). [↩]
Cal. Veh. Code §13352.4 [↩]
California Vehicle Code 13353.3(b)(2)(a), 13353.75. [↩]

How to Receive a Restricted Driver's License After a DUI

Diana Aizman, Esq.

March 28, 2019 November 22, 2019 in