November 26, 2013 By Matthew Wallin

In Southern California, having a driver’s license is a virtual necessity. You need it to be able to get to and from work, school, and other important activities. Losing your driving privileges, even temporarily, can make it difficult to perform your daily routine, including fulfilling your work and personal obligations. That is why it is important to know that you can obtain a restricted license in California if you were charged with a DUI.

What if you Refused Chemical Testing during Your DUI Arrest?

How to Obtain a Restricted License
If you were charged with a DUI in California, you need to know how to obtain a restricted license so you can continue your daily activities.

If you refused to take a chemical test of your blood or breath when you were arrested for your DUI, you or your attorney must request a DMV hearing within 10 days after your arrest. If the California Department of Motor Vehicles claims that you refused a chemical test during your DUI arrest and you do not request a DMV hearing within 10 day period, you will automatically lose your chance to challenge the suspension of your driving privilege and be ineligible to obtain a restricted license.

Refusal cases are very serious matters because they involve the possibility of more severe consequences. You will need a DMV hearing in order to fight these allegations of refusal. An impatient police officer may have rushed the mandatory admonishment regarding the requirement to submit to a chemical test. There are a number of arguments you can raise during your DMV hearing to challenge the allegation of a refusal.

Where Can You Go with a Restricted License?

Obtaining a restricted license will not restore all of your driving privileges. You are allowed to drive only to and from work and activities required as part of your DUI program. However, restoring these limited driving privileges will help you maintain your current employment while serving your suspension.

How to Obtain a Restricted License in California

Your eligibility for a restricted license depends on several factors, including your age at the time of your arrest, any prior DUIs on your criminal record, and if you refused testing during the arrest. The steps listed below outline the basic process you should follow if you wish to obtain a restricted license:

  • Enroll in an approved DUI Offender Program: The DMV will require a Proof of Enrollment Certificate from your approved DUI program (form DL 107). The length of the program will depend on if you are a first-time DUI offender or have multiple DUI convictions on your criminal record. A first conviction program typically lasts three months. Multiple conviction programs generally last 18 months.
  • Obtain a SR-22 Form from Your Insurance Provider.
  • Apply for a Restricted License with your Local DMV Office: You will be required to pay a $125 restricted license fee. Before the DMV approves your application, they will make sure that you have enrolled in an approved DUI program and filed you SR-22 proof of insurance.

Call the Experienced DUI Defense Attorneys at Wallin & Klarich

California’s administrative processes regarding driver’s licenses are very complicated. New laws are always being passed, which complicates matters more. Even DMV officials have a difficult time keeping track of the frequent rule changes and complex procedural requirements. The attorneys at Wallin & Klarich are experienced in the nuances in this area of the law and can you navigate this bureaucratic red-tape. Even if you were already convicted of an alcohol-related offense, our attorneys can help ensure that all your rights and privileges are properly protected. We will fight for your freedom every step of the way.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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