San Diego Restricted Drivers License Lawyer
San Diego Restricted Drivers License Attorney
After a DUI conviction, you likely face a suspended or revoked license. In some cases, your license can be suspended or revoked immediately after a DUI arrest. Many people rely on their ability to drive to go to work, school, and perform other daily tasks.
There are some options for a restricted driver’s license in these cases, but they can be confusing. Working with a San Diego restricted drivers license lawyer will help you protect your personal mobility.
Navigating the DMV and Court Process After a DUI
Whether you have been arrested or convicted of a DUI, it is important to work with an attorney to more effectively navigate this process. After an arrest, a DUI attorney can represent you in a DMV hearing and a court hearing. If you have already been convicted, an attorney can help you determine your options for a restricted license.
At Lee Law Group, we can help you understand the often-complex landscape of the administrative and criminal systems in San Diego. With more than 20 years of combined experience, our attorneys can provide you with comprehensive legal support.
The Requirements of a Restricted Driver’s License
If you are arrested for or convicted of a DUI (driving under the influence), you can, in some cases, apply with the DMV (Department of Motor Vehicles) for a restricted license in place of your suspended or revoked driver’s license. A restricted driver’s license through an employment and treatment program is a temporary license that lasts for between five and twelve months.
Under this license, you are only allowed to drive for specific reasons and to specific locations. This enables you to fulfill obligations in your life and the requirements of a DUI sentence, such as probation requirements.
Not every driver arrested or convicted for a DUI can get a restricted license. In order to apply for a restricted license, you must be over the age of 21. Minors cannot apply for this license. Additionally, you cannot have refused the chemical test at the traffic stop and must not have been driving on a suspended license when you were arrested for the DUI. Repeat offenders of DUI offenses also cannot apply for this type of restricted license.
In addition to these application requirements, you must take other steps to apply for a restricted license. These include:
- Waiting for the required suspension period
- Obtaining SR-22 insurance
- Enrolling in a DUI offender program
- Paying the fine of $125 at the DMV
You must apply for a restricted license to receive one. Even if you meet the requirements, the decision to grant it is up to the court’s discretion.
What Can You Do on a Restricted License?
There are specific conditions for driving with a restricted license. These include driving:
- Between your work and your home
- For your work
- To and from a DMV- or court-approved DUI school or other activities required by the court or DMV
An attorney can help you determine if you can apply for this form of restricted license and if it is beneficial for your needs.
What If You Violate the Conditions of Driving Under a Restricted License?
If you drive for reasons other than those allowed on your restricted license, you may face several penalties, including a hard suspension of your license. You may also face fines, additional probation requirements, and new criminal charges. If you are caught violating your restricted license, it is essential that you find a criminal defense attorney.
Understanding an IID Restricted License
There is one other form of restricted license, which is available even if you have prior DUI convictions. This restricted license has most of the same requirements as a work-restricted license, but it does not have the same restrictions. With this type of license, you can drive whenever and wherever you’d like.
However, you must have an ignition interlock device (IID) installed in your vehicle. In order to start your car, you must blow into the IID, which will measure your BAC. If it detects alcohol, the car will not start.
FAQs:
How Do I Remove Restrictions from My California Driver’s License?
If you have a restricted license in place of a California driver’s license, you must complete the required sentence or probation and wait the allotted amount of time to reinstate your driver’s license. The same is true if you do not have a restricted license but your license is suspended or revoked.
An attorney can help you understand what you need to do to secure your driver’s license. Another option for driving after a DUI conviction is to drive with an ignition interlock device (IID) installed in your vehicle.
How Much Does It Cost to Get a Restricted License in California?
The fee to get a restricted license in California is $125. This is the APC (admin per se) fee when the DMV is required to suspend or revoke a license in one of the following situations:
- The driver’s blood alcohol concentration (BAC) is over the legal limit after taking a blood or breath chemical test.
- The driver refused to take a blood or breath chemical test.
To secure a restricted license, a driver must pay the fee and meet other qualifications.
How Do I Fix My Suspended License in California?
In order to fix your suspended license in California, you must apply with the state DMV to reinstate your license after the period of suspension. You must pay a reinstatement fee and show proof that you have auto insurance. If you need to drive for work prior to the ending of your license’s suspension, you may be able to apply for a restricted license. Although it is not the same as a driver’s license, it does allow you to travel to specific locations.
Is a Restricted License Considered a Valid License in California?
Yes, a restricted license is considered a valid license in California, but only for specific reasons. Typically, a restricted license allows you to drive from your home to your work, drive for the purposes of your job, and drive to court-approved DUI schooling or other requirements of your conviction.
If you violate the constraints placed by the restricted license, you may have your license suspended or revoked with no option for a restricted license, as well as the potential of additional criminal charges.
Get in Touch With Lee Law Group
Contact Lee Law Group when you need assistance applying for the right restricted license or defending yourself against DUI charges.
