Restricted License After Suspension of Driver License
On conviction of a DUI or following a finding the DMV at the Administrative Per Se Hearing that the driver was DUI, the driver’s license to drive will be suspended. The length of the suspension will depend on the several factors, most important of these is whether this is a first time DUI or subsequent to a first DUI within the past ten years. An Orange County restricted license attorney can explain each factor to you.
Often the suspension of the driver’s license to drive is the most difficult of the penalties the driver is forced to endure. It means he or she can no longer drive to work or school, or drive the kids to school, or just simply get in the car and drive to the supermarket. In a car-dependent place like southern California, this is a more than an inconvenience! Fortunately, the state recognizes that sometimes the punishment can have unintended consequences. After all, if a first-time DUI causes a person to lose his or her job or drop out of college, the punishment seems excessive and can even cause a downward spiral.
A person convicted of a first-time DUI can apply for what is called a restricted license. The driver will have his or her license suspended for 30 days but after that period may be allowed certain driving privileges on the restricted license. There are procedures for qualifying and applying for a restricted license but if the first-time offender follows the proper procedure, he or she will usually be able to drive on a restricted privilege. The restricted license will allow the offender to drive to and from work or school and to the alcohol education programs that will be ordered as a result of the DUI.
But there is a catch. Normally, the license suspension for a first-time DUI is four months, but if you apply for and receive the restricted license, your driving privilege will be restricted for six months. Also, even if it is a first time DUI, if you refused to take the chemical test at the time of your DUI arrest, you are not eligible to apply for a restricted license. A restricted license lawyer in Orange County can help you determine whether you may be eligible.
A person convicted of a second DUI (within ten years) can also obtain a restricted driver license. In this case, the driver must serve 90-days of the usual one-year suspension of his or her license to drive but thereafter can apply for a restricted license. The driver must also install an ignition interlock device (IID) on his or her vehicle to obtain the restricted privilege to drive. The restriction usually remains in effect for the remaining nine months of the suspension.
With a third DUI, the driver’s license to drive will be suspended for six months. But after that and with the installation of an IID, the third-time offender may be able to apply for an obtain a restricted license to drive. The assistance of a restricted license attorney in Orange County may be helpful during this process. This option will not always apply to every third DUI offense; it will depend on a variety of factors and the county where the DUI was charged.
All reinstatements of suspended licenses will require a special certificate of insurance called an SR 22.
More information about Dui license suspensions can be found on my blog.
Whether this is your first, second, or third DUI, the loss of your privilege to drive can make your life very difficult. An experienced Orange County restricted license lawyer can help you navigate the complex DUI laws and make sure you properly apply for the driving privilege for which you are qualified.