If you have had your license suspended in the State of California due to a DUI (Driving Under the Influence) you may be eligible for a restricted drivers license. Please read below to determine whether you are eligible for a restricted drivers license and what you must do in order to request a restricted license.
You may be eligible for a restricted driver’s license thirty (30) days after your suspension begins if you meet the criteria set forth by the Department of Motor Vehicles.
In order to be eligible for a restricted driver’s license:
1. This must be your first offense (You must not have had another offense within ten years of a separate DUI violation, including a charge reduced to reckless driving, vehicular manslaughter, or violation of CVC §23140, which resulted in a conviction or separate administrative determination that you were driving with a BAC of 0.01% or more while on DUI Probation OR a BAC of 0.08% or more, OR a BAC of 0.04% or more in a commercial vehicle at any age, or you refused a test. ) and;
2. You completed a chemical test;
3. The results showed a BAC level of 0.04% while operating a commercial vehicle, or 0.08% or more, and
4. You were 21 years of age or older (VC §13353.7), and
5. Your driving privilege is not suspended or revoked for some other reason.
To be issued a noncommercial restricted driver license, you must:
1. Enroll in a licensed driving under the influence (DUI) First Offender program. (You must notify the program provider that you intend to apply for a restricted driver license.)
2. Ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender Program with DMV. (CVC §23538[b])
3. File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22])
4. Pay a $125 reissue fee.
5. Wait until the end of the mandatory 30-day suspension period before applying for a restricted DL.
If you or a loved one has been charged with a DUI or related crime, please call our office at (619) 285-8888 for a free consultation with an experienced attorney. Our office can and will answer your questions regarding the DMV and the restricted license process.