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07 Oct

GETTING A RESTRICTED DRIVER’S LICENSE AFTER A DMV SUSPENSION

Posted by David Jones on Oct 07, 2013

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If you are facing a first offense DUI you are eligible to receive a restricted license after the first thirty days of the administrative suspension if:

1. You do not have any prior convictions for DUI (juvenile or adult) within the last ten years.

2. You do not have a previous DMV administrative suspension because of a DUI arrest within the last 10 years.

3. You did not refuse a chemical test at the time of your arrest.

4. There is no other basis for an administrative suspension on you DMV record (ie having too many points, medical suspension etc.)

5. You were 21 years or older at the time of you arrest.   If you are a Class A or B license holder you are only eligible to receive a restricted license for Class C vehicles.

To receive the restricted license from DMV you must do the following:

1. Enroll in a DUI Class:   Most people will need to enroll in the “Level I-1st Offender DUI School”, this class is three-months long.  To enroll you will need to advise the school that you wish to “self-enroll” as the court has generally made no order for you to attend at this time.  The DUI School requires proof of blood alcohol content (BAC) before they will enroll you.  This can be accomplished by providing the DUI School with a copy of your DMV printout or “The Findings and Decision” form from the DMV.  DUI schools charge fees.  You will need to contact the schools regarding their fees.  A list of schools is provided below.   If your Blood Alcohol Content (BAC) was .15 or higher you need to enroll in the six or nine month DUI school.  (Consult your attorney before enrolling)   If your Blood Alcohol Content (BAC) was .20 or higher, you will need to enroll in the “Level II-9 month” DUI school.

2. Contact your insurer for an SR-22 Form: The DMV requires proof of insurance for the next three years.  Most insurers will/can file this document electronically with the DMV.

3. Pay $145 re-issue fee to the DMV.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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