Generally speaking, your driver’s license will be suspended by the DMV if you are convicted of a DUI. If you are convicted of your first DUI under California Vehicle Code 23152, you have the option of obtaining a restricted driver’s license. However, the requirements to obtain a restricted driver’s license and maintain it are strict. If you fail to meet any one of the requirements, you may be subject to further penalties. If you are facing a DUI charge, a DMV hearing for a DUI arrest, or have already had your license suspended, then you should contact a Southern California DUI defense attorney at Wallin & Klarich to discuss your options.
Prosecution for a DUI
In order to convict you of a DUI under CVC 23152(a), the prosecution must prove that:
1. You drove a vehicle; AND
2. When you drove, you were under the influence of alcohol and/or a drug
In order to convict you of a DUI under CVC 23152(b), the prosecution must prove that:
1. You drove a vehicle; AND
2. When you drove, your blood alcohol content (BAC) was 0.08% or more by weight
It is important to note that if you are charged under CVC 23152(a), then the prosecution does not need to prove your BAC. The prosecutor only needs to prove that you were under the influence of drugs or alcohol, or both, at the time you were driving.
How to Obtain a Restricted Driver’s License
Obtaining a restricted driver’s license is expensive and can be difficult for some people to maintain. The restricted driver’s license enables you to drive to and from work, school, and your alcohol education program. There are several requirements which you must meet to be eligible for a noncommercial restricted driver’s license:
• This is your first DUI offense within 10 years
• You completed a chemical test during your DUI stop
• The results of the chemical test showed a BAC level of 0.04% or more while you were operating a commercial vehicle, or 0.08% or more while operating a noncommercial vehicle
• You were 21 years of age or older at the time of the offense (CVC 13353.7); AND
• Your driving privilege is not suspended or revoked for any other reason
The requirements you must meet before you are granted a restricted driver’s license by the DMV are:
• Obtain proof of financial responsibility (i.e., California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self-insurer certificate under CVC 16430)
• A mandatory period of 30-days has elapsed since your license was suspended
• Payment of a reissuance fee of one hundred and twenty-five dollars ($125)
• Request a restriction that allows you to drive to and from work, during the course of your work, and to and from your alcohol education program; AND
• Enroll in a DUI First Offender program as ordered by the court and notify the program of your intent to apply for a restricted driver’s license
Bear in mind that the restricted driver’s license permits you to drive only to work, school, and alcohol education programs. If you are facing a DMV hearing as a result of a DUI arrest or have already had your license suspended, you should consult with the experienced DUI defense attorneys at Wallin & Klarich for more information on how to obtain a restricted driver’s license.
Restricted Driver’s Licenses for your Second or Third DUI Conviction within 10 years
If this is your second DUI conviction within 10 years, then you will lose your driver’s license for two years. You will be able to apply for a restricted driver’s after your complete a 12 month suspension period, or a 90 day suspension period if your DUI conviction did not include the use of drugs. You will also have to complete an 18 month DUI program, provide proof of financial responsibility, and pay all the required DMV fees.
If this is your third DUI conviction within 10 years, then the DMV will revoke your driver’s license for a period of 3 years. In the case of a third DUI, you may be eligible for a restricted driver’s license after completing a 12 month suspension period, or a six month suspension period if your DUI conviction did not include the use of drugs. Also, you will be required to complete an 18 month DUI program, provide proof of financial responsibility, pay all required DMV fees, and install an ignition interlock device on your vehicle.
These are only a small portion of the penalties you will face if you are convicted of a DUI or DWI under California Vehicle Codes 23152. In addition to the requirements for obtaining a restricted driver’s license, your first DUI conviction is punishable by a sentence of up to one year in county jail, a fine between $390 and $1,000, and a strict probationary sentence.
California DUI Attorney
Being charged with a DUI in California is a serious matter and losing your ability to get to work can have an even more devastating effect on your life. At Wallin & Klarich, we have over 30 years of experience fighting for the rights of our clients in DUI cases. We will assist you through every step of your case.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation with one of our California DUI attorneys. Our offices are located in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville, Torrance, Sherman Oaks, and West Covina. We will be there when you call.