24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Getting a Restricted License After a New Jersey DUI

March 21, 2024 Uncategorized

Getting a Restricted License After a New Jersey DUI

So you got a DUI in New Jersey. Bummer. We all make mistakes, amirite? But now you’re stuck without a license, which is a major pain in the tush. How are you supposed to get to work or drive the kiddos to soccer practice? Have no fear – there may be a light at the end of the tunnel. You can apply for a restricted use license in New Jersey, which allows you to drive under certain circumstances even after a DUI conviction.

What is a Restricted Use License?

A restricted use license (also called a restricted driver’s license) allows you to legally drive during specific times and for certain purposes after losing your regular driving privileges. It’s basically a limited license with restrictions about when and where you can drive. For example, a restricted license might only allow you to drive to and from work or school, to medical appointments, or as part of your job duties.

Am I Eligible for a Restricted License in NJ?

Not everyone is eligible for a restricted license in New Jersey after a DUI. Here are some requirements you’ll need to meet:

  • Your license must be currently suspended due to a DUI conviction. If it’s suspended for another reason, no can do.
  • You cannot get a restricted license if you refused a breath test during your DUI stop. Bummer.
  • You must have an ignition interlock device installed in your vehicle. More on that later.
  • You cannot have any other pending charges or outstanding warrants. Clean record only.
  • You must prove that you need to drive for certain purposes, like work, school, or medical care.
  • You can’t have any prior DUI convictions. This applies only to first-time offenders.

In New Jersey Statute 39:3-10a, the state lays out these requirements and eligibility criteria. Consult with an attorney to see if you qualify.

When Can I Apply for a Restricted License in New Jersey?

The timing of when you can apply depends on a few factors:

  • First offense: For a first DUI offense, you must wait 90 days after your license suspension starts before applying for a restricted permit.
  • Second offense: For a second DUI offense, you must wait 1 year before becoming eligible.
  • Refusal conviction: If you refused a breath test and were convicted, you must wait 90 days if it’s a first offense, or 2 years if it’s a second offense.
  • Under 21: For drivers under 21, you must wait 180 days after your suspension begins.

Once you hit the minimum waiting period, you can start the application process. But you must serve out the full term of your license suspension before driving unrestricted again.

How Do I Apply for a Restricted License in New Jersey?

Applying for a restricted permit in NJ involves a few steps:

  • Schedule an IDRC evaluation: First, contact the New Jersey Intoxicated Driver Resource Center (IDRC) to schedule an evaluation. This is required for all DUI offenders.
  • File form DS-7: Next, complete the DS-7 form and submit it to the NJ Motor Vehicle Commission (NJMVC). This form acts as your official application.
  • Pay the fee: There is a $100 application fee due with the DS-7 form.
  • Provide proof of need: You must bring documentation showing your need to drive for school, work, or medical care. A letter from your employer or doctor is usually sufficient.
  • Pass a driving test: Finally, you’ll need to pass a driving test at the NJMVC to show you can safely operate a vehicle. Make sure to practice ahead of time!
  • Attend IDRC: After approval, you must attend the IDRC program as scheduled. This involves counseling, education, and evaluation.

The NJMVC website has detailed instructions for applying for a restricted license. Or, consult with a DUI attorney who can walk you through the steps.

What Restrictions Come with a Limited License in NJ?

A New Jersey restricted use license comes with certain restrictions meant to keep the roads safe. Common restrictions include:

  • No driving between 11pm-5am: Late night and early morning driving is usually prohibited.
  • Work hours only: You may only be allowed to drive during your normal work hours.
  • To and from work only: Your driving may be limited to the routes between your home, work, and any stops like daycare or school.
  • Medical visits only: For medical restricted licenses, you can only drive to and from doctor appointments.
  • Ignition interlock required: You must have a device installed that tests your breath for alcohol before starting the car.
  • No passengers: You may not be allowed to drive with any passengers.

Make sure you carefully follow the restrictions or you could face additional license suspension time. The NJMVC does not mess around!

How Do I Get an Ignition Interlock Device Installed in NJ?

As mentioned, one requirement for a restricted license is getting an ignition interlock device installed in your vehicle. This breathalyzer device connects to your ignition system and requires a clean breath sample before you can start the engine. Here’s how to get set up:

  • Choose a provider: New Jersey has authorized providers like LifeSafer, Smart Start, and others. Pick one.
  • Make an appointment: Contact a service center to schedule your installation appointment. Make sure to ask about costs.
  • Bring your vehicle: Arrive at your appointment with your vehicle so the ignition interlock can be properly installed.
  • Get trained: The technician will train you on how to use the device and give you instructional materials. Pay attention!
  • Maintain the device: You must return each month for calibration and servicing. Most providers let you schedule reminders.
  • Remove after suspension ends: Once your license suspension period concludes, you can contact the provider to remove the device. But not a moment before!

The ignition interlock allows you to drive again while keeping the roads safe for everyone. So take the requirements seriously.

Can I get an Occupational License Instead?

Some drivers may qualify for an occupational license instead of a restricted license in New Jersey. The difference? Occupational licenses are limited solely to work-related driving.

An occupational license allows you to drive to and from work, or as part of your employment, after a DUI conviction. You must prove the license is an “occupational necessity” to keep your job. It comes with fewer hours than a standard restricted permit.

To get an occupational license in NJ, you must go through the same application process. The DS-7 form allows you to specify you need an occupational permit only. Make sure to bring ample proof of your work duties and hours.

How Much Does a Restricted License Cost in New Jersey?

Getting a restricted license after a DUI conviction definitely has costs associated. Here are some you can expect:

  • Application fee: $100 due with the DS-7 form
  • License restoration fee: $100 when suspension ends
  • Ignition interlock fees: $70-150 install, then $60-80 per month
  • IDRC program fees: Around $400-500
  • Insurance increases: Likely $1500+ annually after a DUI
  • Lawyer fees: $2000+ if you hire a DUI attorney

So in total, expect to spend $4000 or more for the application process and first year with a restricted license. Ouch. Start saving up now.

Can I Get an Unrestricted License Back After a DUI?

Yes! After completing your license suspension period and any aftercare requirements, you can regain your full, unrestricted driving privileges in New Jersey.

Here’s what’s required to graduate back to a full license:

  • Serve out the full suspension term (3 months to 1 year)
  • Pay all fines and fees related to your case
  • Attend and complete the IDRC program
  • Keep your ignition interlock installed for the required time period
  • Pay the $100 restoration fee to the NJMVC
  • Provide proof of valid insurance

Once you’ve jumped through all those hoops, the MVC will reinstate your unrestricted license. Hallelujah! With a restricted permit, you can drive again after a DUI. But be sure to follow all the rules so you can eventually earn back your full privileges. Now go forth and drive (carefully)!

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now