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Law Office of E. Michael Linscheid

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In this article, you will discover:

  • How to obtain a restricted license;
  • The repercussions after a DUI;
  • The benefits of retaining a DUI attorney;
  • And more…

What Is A Restricted License?

A restricted license allows individuals to drive legally but with specific regulations after a DUI charge.

Can A Driver Receive A Restricted License in California After A DUI Charge?

After a DUI charge, if the Department of Motor Vehicles suspends an individual’s driving privileges or the individual is convicted in court, their license will be suspended. Despite a DMV suspension or a conviction, the individual may still apply for a restricted license.

After a first DUI offense, the Department of Motor Vehicles may order a suspension following the administrative per se hearing. There is an option of either installing an ignition interlock device in the driver’s vehicle for four months or serving 30 days of the four-month suspension, then operating the car on a restricted license for five months.

If convicted of driving under the influence, and the court did not order the installation of an ignition interlock device, there are two options for serving the suspension of your driving privileges on a restricted license following the court conviction. You can install an ignition interlock device to satisfy the six or ten month license suspension; ten month suspension applies if the conviction includes a high blood alcohol allegation. If you elect to not install an ignition interlock device following a conviction for driving under the influence you may apply for a twelve month restricted license, which will allow you to drive to, from and in the course of your employment and two and from your DUI school.

Are Drivers Applicable For A Restricted License After Being Convicted Of A DUI?

In order to obtain a restricted license after being convicted of a DUI in California, individuals must enroll in a state-authorized DUI program, provide proof of insurance or SR 22, and pay a reissue fee.

Can Evidence From A DMV Hearing Be Used In The DUI Criminal Hearings?

Evidence presented at the DMV hearing can be used in the superior court proceedings. If the prosecutor in the court matter learns of statements made by the driver at a DMV hearing, such information can be used against the driver.

Often, a qualified DUI attorney will subpoena the arresting officer to testify in the DMV hearing as to the basis for the detention or the arrest.  Suppose the arresting officer testifies at a driver’s DMV hearing. In that case, the testimony of the officer at the DMV hearing can be used to impeach and further assess the arresting officer’s credibility in criminal court proceedings. The arresting officer’s statements can be used to undermine the officer’s testimony in the criminal proceedings.

How Does Retaining A DUI Attorney Benefit Individuals At The DMV Hearing?

A DUI attorney understands the procedures and laws at a DMV hearing. It is best to contact such an attorney immediately after an arrest so that they can assist you with legal matters, such as:

  • Subpoenaing evidence of witnesses;
  • Cross-examining witnesses presented by the DMV;
  • Making the proper objections to the DMV’s evidence;
  • Working toward a set aside of the suspension of driving privileges;
  • and more…

Should Anyone Ever Attempt To Represent Themselves In A DUI Case?

A person charged with a crime, including driving under the influence, should never represent themselves in court. While individuals are not prohibited from representing themselves at a DMV hearing, it’s best to leave it to a qualified DUI attorney who knows the laws and procedures to help avoid potential suspension of driving privileges. A qualified DUI attorney should be consulted immediately after your arrest to discuss your options and possible defenses in both the court and DMV proceedings.

For more information on Restricted Driver’s License After DUI In CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.

E. Michael Linscheid, Esq.

Call Now For A Personalized Confidential Consultation!
(415) 728-9982

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