DUI and Getting a Restricted License in Los Angeles

DUI and Getting a Restricted License in Los Angeles

Getting arrested for driving under the influence (DUI) can be a scary and overwhelming experience. The legal consequences are serious and can impact your ability to drive, which is essential for most people living in Los Angeles. However, there are options like getting a restricted license that can help make things easier. This article will walk through everything you need to know about getting a restricted license after a DUI in LA.

Overview of DUI Consequences

First, let’s review some of the main consequences of a DUI conviction in California:

• License suspension – For a first DUI offense, your license will be suspended for 4 months. For a second offense within 10 years, it’s a 1 year suspension.
• DUI program – You will have to complete a 3 month or 9 month DUI program, depending on if it’s a first or second offense. This involves going to classes and counseling.
• Probation – Most first time DUIs result in 3-5 years of informal probation.
• Jail time – First offenses can result in 2 days to 6 months in jail. Second offenses within 10 years mean 90 days to 1 year in jail.
• Fines and fees – Expect to pay around $2,000 for a first offense when you factor in fines, penalties, restitution, and other fees.

Having your license suspended makes life incredibly difficult in LA, where public transportation is limited. That’s why getting a restricted license is so important.

What is a Restricted License?

A restricted license allows you to drive under certain conditions during your suspension period. It gives you limited driving privileges, such as:

• Driving to, from, and during work
• Driving to and from your DUI program classes and counseling sessions
• Driving to and from medical or psychotherapy appointments

The restricted license will specify the exact times, days, and locations you are allowed to drive. You can’t drive at night or for recreational purposes. It does allow you to keep your job, attend classes, and get necessities taken care of though.

Am I Eligible for a Restricted License?

Not everyone is eligible for a restricted license after a DUI. Here are the requirements:

• It’s your first DUI offense
• Your license wasn’t already suspended or revoked when you were arrested
• You didn’t refuse chemical testing when you were arrested

As long as it’s your first offense and you took the breath or blood test when you were arrested, you should be eligible for a restricted license. People with prior DUIs or who refused testing don’t qualify.

How Do I Apply for a Restricted License?

Here are the steps to apply for a restricted license:

1. Serve the Mandatory Suspension Period – You must complete 30 days of your license suspension before you can apply. No exceptions here.
2. Enroll in a DUI Program – You’ll get a referral to a licensed DUI program from the court. You must enroll in the program and have proof of enrollment.
3. Get an SR-22 Form – This proves you have car insurance that meets California’s minimum requirements. Get this from your insurance agent.
4. Pay the Restricted License Application Fee – You’ll pay $125 at the DMV when you submit your application.
5. Submit the Application – Bring your application, SR-22 form, proof of insurance, and DUI program enrollment to the DMV.
6. Get an Interlock Device Installed – The DMV will require you to get an ignition interlock device (IID) installed in your car before issuing the restricted license. This tests your breath for alcohol when you drive.

It can take several weeks for the DMV to review your application and issue the restricted license. You won’t be able to legally drive at all during this waiting period.

Where and When Can I Drive with a Restricted License?

Your restricted license will spell out the specific times and locations you can drive. Here are some examples:

• Work – You can drive to and from your place of employment during your approved work hours. You’ll need a letter from your employer verifying your work schedule.
• DUI Program – You can drive to and from your required DUI classes and counseling appointments. Bring your schedule as proof.
• Medical Appointments – You can drive to appointments like doctor visits, psychotherapy, and AA meetings. Bring confirmation of the appointments.
• No Recreational Driving – The restricted license does not allow driving for fun or recreation. Only drives to school, work, and essential appointments are permitted.
• Limited Nighttime Driving – In some cases you may be allowed to drive at night, but it will be very restricted. Expect limitations like only until 8pm.

Always keep your restricted license paperwork with you when driving so you can prove you’re allowed to be on the road if pulled over. Obey all conditions or your restricted license can be revoked.

How Long Does the Restricted License Last?

Your restricted license will be valid anywhere from 3-12 months, depending on your suspension length. Once your suspension period ends, you’ll get your regular license back. At that point you won’t need the restricted license anymore.

Make sure you take the necessary steps to get your normal license reinstated once the suspension is over. This involves going to the DMV and paying a $55 reissue fee.

Violating the Restricted License Conditions

It’s essential that you follow all the restricted license conditions. Any violations can result in the restricted license being revoked, at which point you won’t be able to legally drive at all.

Here are some examples of restricted license violations:

• Driving outside approved hours – You can only drive during your specifically approved hours. Even a quick stop to the grocery store outside those hours is a violation.
• Driving for recreation – No driving for fun or entertainment purposes. Only essential trips are allowed.
• Driving outside approved locations – You can only drive to and from pre-approved locations like work, school, and medical appointments.
• Tampering with IID device – It’s illegal to tamper with or circumvent the ignition interlock device in your car. This can revoke the license.
• Refusing chemical test – If pulled over, refusing a chemical test will violate your restricted license.
• Letting someone else blow into IID – You cannot have another person provide breath samples into your interlock device.
• DUI arrest – Getting arrested again for DUI means automatic loss of your restricted license privileges.

Don’t take any chances with your restricted license. Follow all the rules to avoid having your limited driving privileges taken away. The consequences of violating the conditions are severe.

How Do I Get an Occupational License Instead?

In some cases, getting an occupational license may make more sense than a restricted license. This allows you to drive to and from work only.

The process involves filing a petition with the court and appearing before a judge to explain your transportation needs. If approved, the court will issue an order for the DMV to give you an occupational license.

This option takes more time and effort, but gives you driving privileges solely for your job. It may be the best fit if your work hours or locations aren’t compatible with a restricted license’s limits.

Should I Get an Attorney’s Help?

Navigating the restricted license process and DUI consequences can be extremely confusing. Having an experienced DUI attorney assist you is highly recommended.

They can advise you on the best strategies and make sure you take the proper steps. They will also represent you at DMV hearings or court dates.

Don’t take chances on your driving privileges. Get legal guidance to help secure a restricted license and minimize the impact of your DUI.

What Happens After My License Suspension Ends?

Once you complete your license suspension period, your restricted license will expire. At that point you can go to the DMV and get your regular valid license back.

You’ll need to:

• Pay a $55 reissue fee
• Show proof you finished your DUI program
• Provide a new SR-22 form from your insurance company

After reinstating your license, you’ll be subject to a 1 year probationary period where your license can be suspended again if you commit any traffic violations.

You’ll also need to maintain your SR-22 insurance for 3 years. Your rates will likely be much higher due to the DUI conviction.

Can I Get a Restricted License for a Second DUI Offense?

If it’s your second DUI offense within 10 years, you may still be able to get a restricted license. However, the process is more strict.

For a second offense restricted license, you must:

• Serve a 1 year license suspension
• Complete 18 months of a DUI program
• Get an ignition interlock device installed
• File a formal petition with the DMV and request a hearing

The DMV will review your petition and hold a hearing to decide if you should be granted a restricted license. It’s not guaranteed like with a first offense.

Conclusion

Getting a restricted license can help restore some normalcy to your life after a DUI arrest. Make sure you understand all the requirements and rules to successfully get your restricted driving privileges.

Hiring an experienced DUI lawyer is highly recommended to guide you through the process. Don’t let a DUI keep you off the road and unable to drive to school, work, and essential appointments. Take action to get your restricted license in Los Angeles.

References

[1] https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/driving-under-the-influence-age-21-and-older-ffdl-35/

[2] https://www.losangelesduiattorney.com/dui-faq/how-do-i-apply-for-a-restricted-license-after-a-dui/

[3] https://aizmanlaw.com/dui-driving-offenses/california-dui-laws-temporary-restricted-drivers-licenses/

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