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.
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
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.
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.
If you’re facing a DUI charge,
contact Campbell Whitten today at 661.735.1038 and speak with us about your case!