If you fail a post-arrest chemical test (e.g., breath test, blood test, etc.) in California, the arresting officer will confiscate your driver’s license, which will then be automatically suspended by the DMV. Without your driving privileges, you may have trouble finding a reliable way to go to your job, classes, or important appointments.
Fortunately, eligible defendants facing a DUI charge in California may obtain a “restricted license” to drive to and from work and a mandatory DUI school. This type of license prohibits you from driving out of convenience or pleasure.
However, not every defendant is eligible for a restricted license. If you were arrested while driving on a suspended or revoked license, refused to take a chemical test after a DUI arrest, or you have been issued a “hard suspension,” then you do not qualify for a restricted license in California.
The following are several steps an eligible defendant must take to obtain a restricted license after a DUI arrest:
Serve at least 30 days of your driver’s license suspension period
Enroll in a DUI school
Pay a $125 fee to the DMV
Buy an SR-22 Form (Proof of Insurance Certificate) from a licensed insurer
Additionally, a defendant may have to enroll in another court-ordered program or more. Such programs include rehab, an AA group, rehab, or an addiction support group.
On the other hand, a defendant may challenge the suspension by requesting a DMV hearing within ten (10) days of the DUI arrest. The first step is to contact a local Driver Safety Office and request a stay of the suspension and a hearing.
If the request is granted, the defendant will appear before a DMV hearing officer and have an opportunity to present evidence. The hearing officer will then decide whether to set aside the suspension or uphold it.
If you have been arrested for a DUI in Newport Beach or within Orange County, contact Corrigan Welbourn Stokke, APLC today at (949) 251-0330 to learn how our experienced legal team can help you. Available 24/7!