Driver’s License Restrictions After a California DUI

Most people understand that a conviction for Driving Under the Influence (DUI) carries serious criminal consequences, including fines and jail time. But one of the most serious and overlooked effects of a DUI is losing your driver’s license. Without a license, it’s more difficult to get to work, attend classes, or take others, such as children, where they need to go. 

Fortunately, while a complete loss of driving privileges is one of the possible consequences of a DUI, it is not guaranteed. In some circumstances, it may be possible to get a restricted license. Despite their limitations, these licenses allow some freedom to travel. 

This article will explain the various types of restricted licenses. It will also discuss the eligibility for these licenses and the process for getting one. Finally, it will explain how a Marin County DUI attorney can help. 

How a DUI Can Lead to the Suspension of Your Driver’s License 

The California Vehicle Code requires officials to “immediately suspend or revoke the privilege of a person to operate a motor vehicle…” when the driver has a blood alcohol concentration (BAC) above the legal limit. For most adults over 21 who drive non-commercial vehicles, the legal limit is 0.08. However, licenses can also be suspended for: 

• Commercial drivers with a BAC over 0.04
• Drivers under 21 with a BAC over 0.01
• Refusing to take a chemical test to confirm BAC

This article will focus on non-commercial drivers aged 21 or older who have a high BAC or refuse tests. 

After the DUI arrest, two separate paths to suspension come into play. The first is the Department of Motor Vehicles’ (DMV’s) administrative hearing process. During a DUI arrest, the police officer will issue a pink suspension notice, which also serves as a temporary license. Within 10 days of the DUI arrest, the driver may request a DMV hearing. If the driver does not request a DMV hearing or loses it, their license will be suspended at the end of the 30-day period. 

However, there is a second path to suspension. If you are found guilty of DUI or plead guilty to that charge, California law allows the court to order the suspension of your license as part of your sentence. Note that winning the DMV hearing does not affect your criminal case. The DMV’s administrative process uses a lower standard than the criminal court that will decide whether you are guilty of DUI. This difference means that you can win your DMV hearing but still be convicted of DUI. Additionally, a DUI conviction starts its own license suspension timeline. This means that many drivers who win their DMV hearings are shocked when, months later, they are notified that their licenses have been suspended again due to their convictions. 

Types of Restricted Driver’s Licenses After DUI Suspensions 

The suspension of driving privileges is a serious matter, but it is not necessarily the end of your driving career. Once your license is suspended, you can apply for a restricted license. 

Generally, California offers two types of restricted licenses. The first is an IID-restricted license. An IID, or ignition interlock device, is a device that detects alcohol in your breath. If the device reads over a certain number, usually 0.03, the car will not start. You will need to purchase an IID approved by the DMV and install it on your vehicle. Once the device is installed, you can drive anywhere you wish as long as you comply with the IID requirements. 

The second type of restricted license in California is a work-restricted license. This license allows you to drive from home to work and from work to home. Generally, the only non-home or non-work destination allowed is DUI school. This means that work-restricted licenses do not allow daycare or school drop-offs, driving to classes at a college or university, or other non-work travel.

Eligibility for a Restricted Driver’s License After a DUI Suspension 

Whether, when, and how you qualify for a restricted driver’s license depends in large part on the reason for your suspension. 

Standard BAC Suspension (no refusal)

To get an IID-restricted license: 

Most non-commercial drivers over age 21 can apply for an IID-restricted license immediately after suspension. To get the restricted license, you’ll need to: 

• Provide proof that you’ve enrolled in DUI school, 
• File form SR-22 with your insurer, 
• Pay any necessary DMV fees, 
• Install the IID with a certified provider and provide proof to the DMV. 

After you’ve completed these steps, you can go to the DMV and request your restricted license. If everything is in order, your new restricted license should be issued without much trouble. 

To get a work-restricted license: 

A typical driver over 21 with no commercial license will need to serve a “hard suspension,” usually at least 30 days, before becoming eligible for a work-restricted license. After the hard suspension, you’ll follow steps similar to those for IID licenses, including: 

• Enrolling in DUI school, 
• Filing the appropriate insurance forms, and  
• Paying any DMV fees. 

Suspension based on chemical test refusal

Getting a restricted license after refusing a chemical DUI test is a difficult process. Generally, there is a hard suspension period of at least one year. After this period expires, you’ll follow the steps for the license that you desire. 

Consequences of Driving with a Suspended License 

You might think that going through the restricted license process is too much work. However, under California law, driving on a suspended license is a misdemeanor. So, driving on a suspended license – even once – can expose you to additional criminal charges, including fines, fees, and jail time. Also, if the court sentenced you to probation for your DUI, it may view this as a violation of your probation conditions.  

Get a Marin County DUI Attorney to Help Protect Your Driving Privileges

Driving isn’t just a way to get from Point A to Point B. In a state like California, driving equals freedom. A DUI conviction can rob you of this freedom, but a Marin County DUI attorney can help you protect your driving privileges. An experienced attorney can: 

• Represent you at your DMV hearing as well as your criminal case 
• Help you prove your eligibility for a restricted license
• Help you decide which restricted license is best

If you need a Marin County DUI lawyer to help you navigate a DUI charge, the licensing process, or anything else related to a DUI, contact Brownstein Law Group. We’ll do everything in our power to protect your rights. Schedule a consultation by calling 415-795-9059 or using our online contact form.