DUI Restricted License – Definition
Your California driver’s license is not a right but a privilege. Following a felony, for example, DUI (driving under the influence), you driving privileges can be reduced or withdrawn. In a layman’s term, restrictions on a driving license refer to limitations on its application. In respect to DUI, restricted driver’s license denotes that you can only drive under certain circumstances.
Once your license has been suspended after a DUI or DWI (driving while intoxicated) conviction, you automatically become entitled for a DUI CA Restricted License. What this means is that, you will be restricted in respect to where and when you can drive your car. For example, if you have been convicted for a first level DUI offense, a restricted license will only permit you to drive your car to and from work. First offense DWI restricted driver’s license also permits you to operate your car if it is for work related reasons in addition to driving to and from a DUI class.
What happens if you have lost a California DMV Hearing?
Following a DUI arrest in California, you have a limited period of time within which you have to request for a DMV Hearing. During the DMV, you will be provided with an opportunity to state why your driver’s license should not be suspended.
Listed below are the different types of suspensions you can receive should you happen to lose your California DMV Hearing after a DWI arrest and a refusal was not granted:
First Time DUI Offense
California DMV can opt to suspend your driver’s license for at least one month. Once the 30-day period has elapsed, you will be allowed to apply for a restricted license which will enable you to drive to and from work for at least 4 to 5 months. Still, the period can be longer hinging on what transpires in an Orange County Court. The application for a restricted license will only be approved if:
– You have registered with an alcoholic anonymous class.
– You have filed proof of SR-22 insurance coverage as well as evidence financial responsibility.
– You have completed payments for California DMV driver’s license reissue charge.
In a nutshell, if you have been arrested and convicted for a first time DUI offense, you will be banned from operating your vehicle for a period of 30 days should you happen to lose the DMV Hearing. However, you are free to apply for a DUI CA Restricted License after the 30 day period so that you can drive to and from work.
Second Time DUI Offense
Should you be arrested and arraigned in court for a second DUI offense in a period not less than 10 years, California DMV can suspend your driver’s license for up to 12 months. What this means is that, you will not be allowed to drive your car for whatever reason for at least 1 year. While it is hard to believe that the California DMV cannot grant a restricted license within the 12 month suspension period, the law is quite harsh on individuals who have been arrested for a second DUI offense. Therefore, if you have been arrested for a second DWI offense, your driver’s license will be suspended for 12 months.
Before applying for a DUI CA Restricted License, it is highly recommended that you hire the services of an experienced DUI attorney to help you with the process.