Driving After a DUI Conviction

When you are arrested and charged with driving under the influence, you will automatically receive an order of suspension and a temporary drivers’ license that is good for up to 30 days, or up until your full suspension or revocation goes into effect. Once this occurs, you may be eligible to apply for a restricted license that lets you keep your driving privileges in a limited capacity. Let’s examine these licenses a little closer.

Restricted License Terms

A restricted license is a limited license that allows you to drive between your home and your place of employment or your court-ordered drug or alcohol program—and nowhere else. If you need to go anywhere else, such as to the grocery store for food, you must find a different mode of transportation to get there.

While you have your restricted license, you must continue to adhere to the other terms of your DUI conviction, which often include attending a court-ordered alcohol education class. If you fail your class or you don’t complete the program, your restricted license will be revoked and you will face a full suspension once again. You may also be required to install an ignition interlock device on your vehicle in order to obtain a restricted license as well; it’s up to the discretion of your judge.

Eligibility

Being eligible for a restricted license requires you to fit a few criteria. First, you must have lost your DMV administrative hearing and had your license suspended. Second, you must be able to show proof of enrollment in a California DUI education program that you must attend. Third, you must show proof of financial responsibility, which is done with the SR-22 insurance form. Finally, upon your arrest you must have willingly submitted to a blood or breath chemical test; if you refused to take this test you are forbidden from obtaining a restricted license regardless of your offender status.

How to Obtain a Restricted License

In order to apply for a restricted license, you must wait until your DMV hearing is completed and you have been issued a verdict. From there, as long as you do not have a mandatory hard suspension (such as for a second-time offender), you must go to the DMV separately in order to apply. You must bring required documentation with you, including proof of financial responsibility (your insurance SR-22) and documentation showing your enrollment in a DUI class.

If you are a repeat offender, you will have to wait a certain amount of time for your hard suspension to complete before you will be eligible to drive with a restricted license. Normally, the hard suspension for a first-time DUI offender is 90 days. Once this passes, you will be required to install an ignition interlock device on your car in order to be granted a restricted license.

At Campbell Whitten, we understand how difficult it can be to face the consequences of a DUI charge without the assistance of a Bakersfield DUI attorney. We take pride in standing up for our clients and protecting their rights against all types of criminal charges. We can fight back against your DUI accusations, and we work hard to put the evidence in your case on your side using a knowledgeable and team-oriented approach.