Someone who is arrested for driving under the influence will not only face criminal charges as a result of the incident, but will potentially face two separate driver’s license suspensions; the administrative suspension issued by the Department of Motor Vehicles and the suspension that may be triggered by a criminal conviction in court. Loss of driving privileges can often be devastating, however in certain situations drivers may be eligible for a restricted license that would allow driving subject to certain limitations.
When a driver is arrested for a first time DUI offense, he or she will be given a notice of an impending driver’s license suspension by the arresting officer. This suspension will automatically go into effect 30 days after the arrest date unless the driver requests an administrative hearing to challenge the suspension. A request for a hearing must be made within ten days of the arrest. If a timely request is filed, the driver will be given a temporary license that would allow driving pending the outcome of the administrative hearing.
If the hearing officer determines that the license suspension is valid, it will be re-imposed. For drivers who did not refuse testing, the license suspension is four months long. After a 30 day “hard” suspension during which the driver cannot drive at all, the driver would be eligible for a restricted license. In order to get a restricted license, the driver would have to enroll in a three-month AB541 alcohol education class, obtain SR-22 supplemental insurance and pay a reinstatement fee of $125. This restricted license would allow the driver to drive to and from work and the alcohol education class. If the driver opts for a restricted license, this restriction would be in place for five months.
If the defendant is convicted of a first time DUI offense in Los Angeles county or one of the three other counties that are part of the DMV’s Pilot Program (Sacramento, Alameda and Tulare), the defendant would be required to have an Ignition Interlock Device (“IID”) installed in his or her vehicle for three months. If an IID is installed, the driver would have “unlimited” driving privileges and would no longer be limited to the “work and alcohol class” restriction.
If the driver refused chemical testing, he or she will face a one-year driver’s license suspension. The driver would not be eligible for a restricted license during this one year period. If convicted in Los Angeles County, the defendant would still have to have an IID in his or her vehicle for five months once the year suspension is up.
Drivers who have commercial licenses are also not eligible for a restricted commercial license if suspended for a DUI offense. However, the driver may be able to downgrade his or her license to a “Class C” license and then get a restricted personal driver’s license after a 30 day hard suspension.
Drivers who have a prior DUI conviction will face a yearlong administrative license suspension. These drivers would not be eligible for a restricted license if there was a DUI test refusal or if they were still on probation for the prior offense at the time the new offense was committed. If the driver did not refuse testing and was not on probation, he or she may be eligible for a restricted license after serving a 90 day hard suspension and after being convicted of the offense in court. To get a restricted license in these circumstances, the driver would have to have an IID in his or her vehicle for 12 months and would also have to show proof of enrollment in the 18-month SB-38 drug and alcohol education class.
Drivers who have a suspended or restricted who drive outside of their restrictions can face new criminal charges as well as a probation violation.
If you have been arrested for DUI and have questions about getting a restricted license, it is imperative that you discuss your case with a Los Angeles DUI Attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Lawyer Michael Kraut possesses a detailed knowledge of the DUI laws and DMV licensing policies. Mr. Kraut works tirelessly on behalf of his clients charged with DUI offenses.
For more information about Los Angeles DUI restricted licenses, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.