Restricted Driver’s License

In most cases, you can obtain a restricted driver’s license in your DUI case. The difficult thing is to determine when you are eligible and what steps you need to take to get your restricted license back. If you have any questions, please call my office at (916) 939-3900. DMV mandatory action can also answer your questions at (916) 657-6525.

DMV License Suspension v Court License Suspension

There are two ways your driving privilege in CA can be suspended. If you lose or don’t set a DMV hearing, a 1-year suspension can occur. If you get convicted of a DUI in court, it will trigger a 1-year suspension.

Eligibility for Restricted License

If you lose the DMV APS hearing on a refusal, you are ineligible for a restricted driver’s license.

Under 21 DUI – “Critical Need” to drive License

After a 30-day suspension period, you may apply for a critical need DL only if:

  • You completed a PAS or chemical test with a BAC level of 0.01% or more, and
  • You have a critical need to drive.

A critical need restriction is very limited (CVC §§12513, 13353.8). To be eligible for the restriction you must verify that:

  • A specific critical need condition exists, and
  • All other transportation is inadequate.

Only first offenders who completed a PAS or other chemical test are eligible to apply for a critical need restricted DL (CVC §13353.8).

Under 21 DUI – “Critical Need” to drive Criteria

To be approved for a critical need to drive license you must meet the following specific criteria.

School and School Activities – you have no other reasonable transportation options and the operation of a vehicle is necessary to attend school or school activities. Your application must be signed by a school representative verifying such facts.  You will be restricted to operating a vehicle between school and home.

Illness of Family Member – you have no other reasonable transportation options and the operation of a vehicle is necessary due to illness of a family member.  Your application must be signed by a physician, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the emergency.

Employment – you have no other reasonable transportation options and the operation of a vehicle is necessary for employment and the applicant’s income from such employment is essential in the support of the family. Your application must be signed by a parent or the guardian, setting forth the reasons a license is necessary.

The existence of public transportation at reasonable intervals within one mile of the residence of the applicant may be considered adequate grounds for refusal of a permit.

The department shall impose restrictions appropriate to the conditions and area under which they are intended to be used.

We can get you a restricted license, contact our office today for a free same day consultation

Because you have so much to lose, you need the most experienced and aggressive DUI Defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal, you can count on us. Call our office today at (916) 939-3900 to speak directly to an attorney about obtaining a restricted license. We are open 24/7/365 to answer your questions.