To get a restricted license in California, you must apply through the DMV, meet eligibility requirements, provide proof of financial responsibility, and pay any required fees. This may sound like a lot, but you’re not alone. A Los Angeles criminal defense lawyer can help.
Losing the privilege to drive can affect your daily life, especially if you live in parts of California where public transportation is limited or impractical. However, you may be eligible for a restricted license, which grants limited driving privileges under certain conditions.
Let’s take a look at the process of getting a restricted license in California. While the rules differ depending on the reason for your suspension, we’ll walk you through different qualifications, types, applications, and conditions tied to restricted licenses in the Golden State.
Who Is Eligible for a Restricted License in California?
Whether or not you are eligible for a restricted license in California will largely depend on the nature of your suspension or revocation. While restricted licenses are commonly imposed as a consequence for DUI offenses, they can also appear as a result of other cases.
That said, in the context of a DUI offense, you might be eligible for a restricted license if the following details are true:
- This is only your first or second DUI offense within the past ten years.
- You met certain requirements that were requested of you as a result of the offense.
- Neither serious bodily injury nor any fatalities resulted from your actions.
- There aren’t any disqualifying factors present in your case.
For suspensions that are not related to DUI, your eligibility will depend more on the type of offense you are charged with and whether you have any outstanding court fines, citations, or requirements in your name.
It is important to note that people who carry commercial driver’s licenses (CDLs) are often held to much stricter regulations. As a result, it’s not uncommon for CDL holders to be ineligible for restricted commercial driving privileges for certain offenses, particularly DUIs.
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Types of Restricted Licenses in California
California law permits a few different types of restricted licenses. The license you are eligible to receive will depend on the situation and the underlying cause of your suspended license. That said, here are the three common types of restricted licenses in California:
- Ignition Interlock Device (IID) Restricted License
- Work/Employment-Only Restricted License
- Medical or Hardship Restricted License
Each type of restricted license comes with its own set of requirements and limitations. Your criminal defense attorney in Los Angeles can help you differentiate between each one and show you how to select the appropriate application process.
Ignition Interlock Device (IID) Restricted License
This license allows individuals convicted of DUI offenses to drive as long as they have an IID installed in their vehicles. An IID is a breathalyzer device that connects to your vehicle’s ignition system. When installed, an IID will prevent your car from starting unless you can provide an alcohol-free breath sample.
IID-restricted licenses offer more freedom than other options. In many cases, they will allow you to drive anywhere, not just to and from your job or your DUI programs. All you need to do is ensure that the IID remains installed and maintained. To obtain an IID-restricted license, you must do the following:
- Install an IID in every vehicle that you own or operate.
- Provide proof of installation of the IID to the DMV.
- Submit proof of insurance via an SR-22 form.
- Enroll in or complete an appropriate DUI education program.
Work/Employment-Only Restricted License
This type of restricted license is generally available for first-time DUI offenders. It’s also usually an option for people whose licenses were suspended for other reasons, such as the failure to pay child support or appear in court.
It permits you to drive for the following reasons without any exceptions:
- To and from work
- During the course of employment, if driving is part of your job
- To and from court-ordered DUI programs, if applicable
Unlike an IID-restricted license, this version has much more limited travel allowances. It can also not be used for general errands or personal driving purposes.
To qualify for a Work/Employment-Only Restricted License, you must do the following:
- Serve a mandatory suspension period.
- Enroll in a DUI school, if applicable.
- Provide an SR-22 form as proof of financial responsibility.
- Pay the reissue and restriction fees.
Medical or Hardship Restricted License
These licenses are very rare, and they are only issued under specific circumstances. They may be granted if you can demonstrate that the loss of your license has subsequently caused undue hardship.
As a result, you are claiming that you need limited driving privileges to attend necessary medical appointments or care for a dependent, among other similar situations. Approval is handled on a case-by-case basis, and it often requires you to provide thorough documentation.
Mandatory Waiting Periods
Many restricted licenses require applicants to complete a mandatory “hard suspension” period before they can apply. This suspension is a predetermined period during which you are not allowed to drive under any circumstances.
For first-time DUI offenders, the hard suspension period usually unfolds in the following way:
- 30 days for a chemical test failure with a BAC of 0.08% or higher
- 365 days if you refuse to take a chemical test without any restricted license eligibility
- A minimum of 45 days for second or subsequent DUI offenses
Other types of suspensions may have significantly different timelines. For instance, license suspensions that are related to your failure to pay outstanding fines might allow for immediate application for a restricted license as soon as you resolve the underlying problem.
Reach Out to Our Criminal Defense Law Firm in Los Angeles to Learn How to Get a Restricted License in California
Obtaining a restricted license in California involves meeting specific eligibility criteria, providing certain documentation, completing mandatory programs, and adhering to specific compliance requirements. All these elements can be confusing for people unfamiliar with the legal system. However, you don’t have to figure it all out on your own.
Let Los Angeles criminal defense lawyers help you instead. At Simmrin Law Group, we have what it takes to help you get a restricted license in California. With decades of legal experience, we have helped thousands of clients seek justice and compensation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form