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Getting A Restricted License After A DUI

The administrative license suspension program, known as “Admin Per Se” (APS) was implemented in 1990. The California Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for driving under the influence (DUI) of alcohol, drugs, or a combination of alcohol and drugs, who does either of the following:

  • Takes a chemical (blood or breath) test which results in a 0.01% blood alcohol concentration (BAC) level while on DUI probation, 0.04% BAC while driving a commercial vehicle, and/or a 0.08% or more BAC while driving a noncommercial vehicle, or
  • Refuses to take or fails to complete a blood or breath chemical test to determine his or her BAC level or the drug content of his or her blood.

Once any of these actions occur, the officer at the scene will give the driver an Order of Suspension/Revocation. Drivers with valid California driver’s licenses must surrender it to the officer who will send it to DMV to be destroyed. The Order of Suspension/Revocation includes a temporary DL valid for 30 days from the issue date, which is typically the date of the arrest. When this thirty-day period ends, the suspension/revocation goes into effect. Drivers who are not served with an Order of Suspension/Revocation will receive it in the mail from the DMV.

This temporary thirty-day interim license does not allow a motorist to drive if there is another DMV or court-imposed driver’s license sanction in effect. Note these prior sanctions may have nothing to do with an earlier DUI conviction.

While DMV automatically conducts an administrative review under California Vehicle Code §13557 where it may overturn the suspension/revocation, the DMV will notify an affected driver in writing only if the action is set aside after this review. The APS action is independent of any jail, fine, or other criminal penalty imposed in court for conviction of a DUI offense.

Drivers in California have 10 days from the receipt of the Order of Suspension/Revocation to request a hearing to show that the APS action is not justified. DMV will conduct a telephone hearing unless an in-person hearing is requested.

*Driving Restriction: After a suspension/revocation, California motorists may receive a restricted license that allows them to drive only to and from work or DUI school or program activities, or in the course of employment. The request for a restricted license is optional.

Eligibility Requirements:

  • The offense is a first offense.
  • A chemical test was completed.
  • The results showed a BAC level of 0.04% or more while operating a commercial vehicle, or 0.08% or more while operating a noncommercial vehicle.
  • For drivers age 21 or older.
  • Driving privileges are not suspended or revoked for any other reason.

Restriction Requirements:

  • Serving a 30-day suspension period from the suspension effective date.
  • Providing proof of enrollment in a first offender DUI program as described in California Vehicle Code §23538(b).
  • Filing proof of financial responsibility, most commonly an SR 22.
  • Paying a $125 reissue fee.

*Ignition Interlock Device (IID) Restriction.

Eligibility Requirements:

  • A chemical test was completed.
  • The results showed a BAC level of 0.04% or more while operating a commercial vehicle, 0.08% or more while operating a non-commercial vehicle, or 0.01% while on DUI probation.
  • For drivers age 21 or older.
  • Driving privileges are not suspended or revoked for any other reason.

Restriction Requirements:

  • Providing proof of enrollment in a DUI program as described in California Vehicle Code §§23538(b) or 23542(b).
  • Filing proof of financial responsibility, most commonly an SR 22.
  • Installing an IID and provide a Verification of Installation Ignition Interlock Device (DL 920) form.
  • Paying a $125 reissue fee.

The attorney that any defendant hires may be crucial to achieving the best possible result. John Patrick Dolan has forty years of criminal defense experience. Contact Dolan Law Offices today at 760-775-3739 or 562-824-4007 to discuss your situation or find out more online here.

Getting A Restricted License After A DUI

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