How do I get a restricted license in California to drive to work after a DUI?

To get a restricted license in California so you can drive to work after a DUI-related license suspension, you must complete a 4-step process:

1. serve a 30-day hard suspension with no driving,
2. obtain an SR-22 Form,
3. enroll in a DUI school and
4. pay a $125.00 fee to the DMV.

A restricted license allows you to drive in very limited situations. These include going to and from work and going to and from DUI school.

You may be ineligible for a restricted license if:

1. you were driving on a suspended/revoked license when you were stopped for DUI, or
2. you refused to take a chemical test after being arrested for DUI.

You can challenge this suspension by requesting a DMV hearing.

Our California criminal defense attorneys will highlight the following in this article:

• 1. How can I get a restricted license to drive to work in California?
• 2. Am I eligible for a restricted license?
• 3. Where and when can I drive with a restricted license?
• 4. What happens with my driver’s license after a DUI?
• Additional Resources

Getting a restricted license requires getting SR22 Insurance.

1. How can I get a restricted license to drive to work in California?

You must complete these four steps to get a restricted license to drive to work following a DUI arrest:

1. serve a minimum license suspension period of 30 days,
2. enroll in a DUI school,
3. pay a fee of $125.00 at any local DMV field office, and
4. purchase an SR-22 Form from a licensed insurance agent. 1

An SR-22 Form is a California Proof of Insurance Certificate. It proves to the DMV that you are insured. 2

In addition to the above, you may have to enroll in other court-ordered programs. Some of these may include:

• an AA group,
• a drug addiction support group, or
• rehab.

If this is the case, you just need to enroll in the program for license eligibility. It is not necessary that you complete the program to receive a restricted license.

2. Am I eligible for a restricted license?

Not every person arrested for DUI in California is eligible to receive a restricted license to drive to work.

You are likely ineligible if:

1. you were driving on a suspended/revoked license when you were stopped for DUI, and
2. you refused to take a chemical test after being arrested for DUI. 3

Ineligibility may also apply in the case of a “hard suspension.” A judge will impose this in some DUI cases involving a:

• second,
• third, or
• subsequent DUI within a 10-year period.

Hard suspension is a period of time when you cannot drive at all. Though you will be eligible for a restricted license after the hard suspension period ends.

Note that restricted licenses are only available for personal driving privileges. You cannot get a restricted license for commercial driving purposes. 4

A restricted license from the California DMV allows you to drive to and from work.

3. Where and when can I drive with a restricted license?

With a restricted license from the California DMV, you are authorized to drive:

• to and from work, and
• during the course and scope of work.

You are also authorized to drive to and from a required DUI school.

A restricted license is specifically intended to prevent pleasure driving. This same intent applies to convenience driving for the period of time the license is in effect.

4. What happens with my driver’s license after a DUI?

Following a DUI in California:

• the arresting officer seizes your driver’s license, and
• the DMV can suspend your license.

The length of the suspension will be:

• up to four months (if a first-time DUI conviction), or
• up to one year (if a second or subsequent DUI conviction).

California DMV Hearings

Note that you can challenge this suspension by requesting a DMV hearing. You make this request by:

• contacting a Driver Safety Office (located in the county where the arrest was made), and
• asking the office for a stay and a hearing.

You have to make this request within 10 days from the date of the arrest.

A DMV hearing is an administrative procedure where:

• you appear before a DMV hearing officer, and
• try to prevent the Department from suspending your driving privileges. 5

A hearing runs like a criminal trial. The DMV and you have the opportunity to present evidence and prove your respective cases. Note that you have the right to be represented by a DUI lawyer at these hearings. 6

After the evidence is presented, the hearing officer rules for or against you. If for, then a suspension is set aside. If against, the officer orders a period of license suspension or revocation. 7

Additional Resources

If your license was suspended due to a DUI, refer to the following California DMV articles:

• Driving Under the Influence: Age 21 and Older – Overview of how getting arrested for DUI affects your driving privileges.
• Driving Under the Influence (DUI) – Frequently-asked-questions and answers about the DMV consequences of a DUI case.
• Ignition Interlock Device List – Approved Manufacturers & BAIIDS (Breath Alcohol Ignition Interlock Devices) in California.
• Driver Safety Offices – For drivers seeking administrative hearings or drivers scheduled for departmental re-examinations.
• Licensing Fees – Costs for reinstating your license following a DUI.

Legal References:

1. Driving Under the Influence: Age 21 and Older, California DMV. Reissue Fees, California DMV. See also Vehicle Code 14603 VC. See for example Matteo v. Department of Motor Vehicles ( Court of Appeal of California, First Appellate District, Division Three, 2012) 209 Cal. App. 4th 624 ; Robertson v. Department of Motor Vehicles ( Court of Appeal of California, First Appellate District, Division Three , 1992)7 Cal. App. 4th 938. See also Vehicle Code 23538 VC. Note that if you are under 21, you may be eligible for a “critical need restriction” so you can continue driving in limited circumstances. Learn more in the California DMV article, Driving Under the Influence. California Vehicle Code 12513 VC. California Vehicle Code 13353.8 VC.
   
2. Financial Responsibility (Insurance) Requirements for Vehicle Registration (FFVR 18), California DMV.
3. California Vehicle Code 13353 VC.
4. See California Commercial Driver Handbook.
5. DUI Arrest DMV Administrative Hearings vs Criminal Court Trials, California DMV.
6. See same.
7. See same.