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How to Obtain a Restricrted Driver's License After a First Offense DUI Conviction in California

Posted by Michael Rehm | Oct 13, 2014 | 0 Comments

Transcript:

Hi, my name is Michael Rehm.

I practice DUI defense here in California.   This video today is specifically designed to explain how you obtain a restricted driver's license after you're convicted of a DUI in California.  I get this question all the time.  I figured I'd make a video because it seems to be such a frequent question.

Keep in mind this isn't a guarantee.  This is my understanding of the law.  You should always consult with an attorney to see if there've been any changes in the law or anything to that extent before you do anything when you're dealing with a DUI.

You can also contact, for specific information, the DMV.  Mandatory Actions Unit is who you want to call at (916) 657-6525.  Yes, there's only one number for all of California to contact them.    Yes, you're probably going to have to wait on hold for 20 to 30 minutes.  Just put it on speaker.  That's unfortunate.  I have to do the same thing when I call them.  It's just, unfortunately, part of the process.

A restricted license after a first offense DUI conviction, there are going to be four things you have to do and potentially five if you're in certain counties.  We'll get to that in a second, but 30 days you have to wait.  On a first offense DUI conviction, you're going to lose your license for either six months or nine months depending on if you want a restricted and whether you're assessed the high blood alcohol.

Let's say you're not assessed the high blood alcohol.  You lose it for 30 days.  Then you want to get your restricted.  You get your restricted for five months.    If you are given the high blood alcohol and you have to do the nine-month DUI school, then you're still going to lose it for 30 days.  You're going to have to get it after; you're going to have a restricted for eight months.

Either way, whether you're on the high blood alcohol or the non-high blood alcohol, you have to wait 30 days before you're eligible for a restricted license.

After that, you have to have what's called an SR22.  Now, an SR22 is just auto insurance, specifically high-risk auto insurance.  You have to have an SR22 on file with the California DMV in order to get your restricted license.

When you obtain an SR22 from your insurance company, they're supposed to electronically forward the information to the DMV, so it shouldn't be much of an issue.  It's on the insurance company to get it to the DMV.  It's just on you to get it from your insurance company.  That's number two, an SR22.

Number three; proof of enrollment in the first offender program.  Now what length of a first offender program you're going to have to do should be decided in court.  No matter what length it is, you're going to have proof of enrollment on file with the DMV.  Once again, when you enroll in the first offender program, they are supposed to electronically forward that information to the DMV, but you just have to enroll.

Number four, and this is the one that seems to trip the most people up, but after this is all done, after the 30 days is done and you have the SR22 and the proof of enrollment of the first offender program on file with the DMV, then you actually have to physically go to the DMV, pay the reissue fee--I believe the reissue fee is around $125, $120, something to that extent--and get your restricted license.  They are not going to mail you a restricted license.  You have to go down there and obtain it.

Now, if you have been convicted -- I'll do number five here.  In four counties in California right now, on a first offense, they are requiring you to get a breathalyzer in the vehicle, called an ignition interlock device.  Those counties are Los Angeles, Tulare, Sacramento, and Alameda County.   If you are convicted of a first offense DUI, you're eventually at some point going to have to get the IID in order to get your restricted.  The way that works is you're going to keep following these rules until you're notified by the DMV that these rules no longer apply to you, and you're going to have to get an IID.  But, ideally, you go get the IID within the 30 days.

Now, there is actually an advantage to this.  Normally, first off, a restricted license without the IID, for everyone else other than in those counties, means you can drive to, from, and during work and to and from the first offender program.  That's it.  Not to school, not to medical, or anything to that extent.  So it's limited, in general, as far as what does the restricted license allow you to do.   Now, they don't ask where you work.  It's a pretty vague restriction, but if you're going to be driving, it has to be work related, either to and from or during, or to the first offender program.

If you're in a county where you're required to get an ignition interlock device, the restriction is not to, from, and during work and to and from the DUI school.  The restriction is the IID.  You can drive anywhere you want as long as you have the ignition interlock device in the vehicle.    I believe it's around $75 to $100 a month.  Probably around, I think it's around a $200 installation fee.  You're going to nickel and dime you with the cost.  It's a pain.  A lot of people resent it.  But once you obtain it, you can drive anywhere you want as opposed to those who are not in those counties who are just forced to drive to and from and during work and to and from the DUI program.

That's basically it.  You have to do four things in order to get a restricted license after a DUI conviction or first offense in California.  You have to wait for 30 days.  You have to obtain and SR22.  Once again, the insurance company will electronically forward that to the DMV.  They're supposed to, at least.  The same with the first offender program, you have to enroll, and they're supposed to forward that information.  Then you have to actually go there and get your restricted license from the DMV and pay the reissue fee.

My name is Michael Rehm, (800) 978-0754.  If you have any questions, you can call me any time.  I wish you luck.

About the Author

Michael Rehm

Michael Rehm has practiced law for over seven years. He has practiced exclusively DUI, Criminal and Traffic Ticket defense.  While in law school, he served as an intern at the Sacramento County and Yolo County Public Defender's Office. After graduating law school, Mr. Rehm passed both the California and New York Bar Examinations on his first attempt. He then accepted a position at the Legal Aid Society-Criminal Defense Division in Brooklyn, NY representing the indigent in Brooklyn Criminal Court.  He has been in private practice for the last five years. Education: University of California – San DiegoBachelors University of the Pacific – McGeorge School of LawJuris Doctorate License: California State Bar New York State Bar

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