San Diego Drivers License Hardship Lawyer
San Diego Drivers License Hardship Attorney
You may have a suspended or revoked license if you have been arrested or convicted of driving under the influence (DUI). Being unable to drive can have a significant effect on your day-to-day life, your employment, and even your ability to take care of your family. Luckily, there are options in California for a hardship license. To determine if you qualify and how to apply, you should look through your options with a San Diego drivers license hardship lawyer.
If you have just been arrested for a DUI, it is essential that you find a DUI defense attorney who can represent you in your DMV (Department of Motor Vehicles) hearing and criminal case. They could even potentially prevent the suspension of your license in the first place.
DUI Defense and Navigating a Suspended License
If you are in need of a license after a DUI conviction or arrest, there may be options. Although these options come with certain restrictions, they can still allow you to move through your daily life more freely and take care of important needs. At Lee Law Group, our attorneys have more than 20 years of collective experience with complex legal issues like hardship licenses.
We understand the criminal and administrative processes required in the aftermath of a DUI arrest, and we can use our knowledge and resources to help you navigate them. The process can be complicated, and you may be unsure of whether you can receive a restricted license. We can help you determine your options.
The Two Types of Hardship Licenses in San Diego
There are two types of hardship, or restricted licenses, in California: an Ignition Interlock Device (IID) and an employment and treatment program-based license. An IID is open to repeat offenders and allows individuals to travel where they want as long as they pass a blood alcohol concentration (BAC) test.
An employment-based license has different requirements. An IID is not required, but the individual can only travel to certain locations. These include DUI school, to and from work, and for the purposes of employment. This license is only available to first-time offenders and requires a hard suspension period of 30 days.
In addition to those requirements, both types of hardship licenses require the payment of a $125 fee, SR-22 insurance, and DUI program enrollment. You may be able to apply for these hardship licenses if you are arrested or convicted of a DUI, depending on the circumstances and the orders of the court.
Implied Consent Laws and Restricted Licenses
When you are arrested for a DUI, you will have to take a blood or breath chemical test to determine your impairment. Under California’s implied consent law, you are required to take the chemical test. If you do not, you could face immediate license suspension and other penalties. Additionally, if you refuse the chemical test, you will be ineligible for a restricted license.
The Effect of a DMV Hearing
After a DUI arrest, you have 10 days to schedule a hearing with the DMV, or else your license will be automatically suspended. It’s important to request this hearing, as it may prevent the need for a restricted license. An attorney can represent you in the DMV hearing.
If you lose the DMV hearing, your license will be suspended. You could apply for an employment-based restricted license after the 30-day requirement.
If you succeed in the hearing, your license is not suspended until your criminal trial takes place. If you are convicted of a DUI at the criminal trial, the court will suspend your license, and you can immediately apply for either type of restricted license without waiting 30 days if the court does not order the installation of an IID.
An attorney can help you navigate this process.
FAQs:
How Do You Get a Hardship License in California?
You can get a hardship license in California by meeting some of the following criteria and requesting the license:
- Being over 21 and having taken a chemical test after arrest
- Purchasing SR-22 insurance
- Paying the DMV fine
- Attending approved DUI school or other requirements
Depending on the type of hardship license, you may also need to wait a specific period of hard suspension or get an ignition interlock device (IID) installed into your vehicle. Some hardship licenses require you to be a first-time offender.
How Do You Apply for a Restricted License With the California DMV?
To apply for a restricted license with the California DMV, you must visit a DMV office and provide proof of the following:
- You enrolled in an approved DUI school or program.
- You paid the required fee.
- You obtained SR-22 insurance.
If you are applying for an ignition interlock device (IID) restricted license, you must prove that the IID was installed in your vehicle or vehicles. If you are applying for an employment-based license, you must show that you waited the required 30 days prior to applying.
How Do You Reinstate a Suspended License From Unpaid Child Support in California?
To reinstate a license that was suspended due to unpaid child support payments in California, you must contact the support agency that suspended your license. The most efficient way to get your license reinstated is typically to pay the support you owe and pay it on time in the future.
These agencies provide notice prior to suspending a license, and you should take action quickly. If you are unable to make your payments, you should discuss your ability to pay with the court or support agency.
How Do I Fix My Suspended License in California?
A: You can fix your suspended license in California by serving the required time of your suspension, and then applying with the DMV for reinstatement. To reinstate your license, you will have to pay the reinstatement fee and show proof of your car insurance. If you are in need of a license before then, you may be able to apply for a restricted license. An attorney can help you determine if you qualify for either type of restricted license.
Consult With Lee Law Group Today
Whether you have been arrested or convicted, an attorney can provide you with comprehensive legal support and advice. Lee Law Group can review your case and determine the ideal way to reinstate your driving privileges. Contact our firm today.
