Criminal Defense Q&A: I’ve Paid Off the Fines on My Second-Time DUI – Am I Eligible Now to Get a Restricted Driver’s License?
Question:
I got my second DUI in 2006 and paid all my fines. What do I have to do to get my license back at this point? I’m trying to get a work-restricted drivers license after a second DUI that I got in 2006 with no driving infraction since that point.
Answer:
You can apply for a restricted license by submitting proof to the DMV that: (1) you have enrolled in your DUI class; (2) your vehicle is insured in spite of your DUI conviction; (3) you have paid the $125 license reinstatement fee; and (4) you have installed an interlock ignition device in your vehicle (this is a breath-measuring device that attaches to your vehicle and requires you to blow into it—in order to demonstrate that you have no alcohol in your blood—before you can drive). See Vehicle Code 13352.4, 23575(f),
A restricted license will allow you to drive during the 2 years that your license is suspended — but only for the limited purpose of commuting to work and to your DUI class.
Be aware that you can be prohibited from applying for a restricted license if the Court finds that permitting you to drive would endanger pedestrians and other motorists. Your driving record will play a significant role in this decision. See Vehicle Code 23542(d).
Read other criminal defense attorney answers at Avvo: I’ve Paid Off the Fines on My Second-Time DUI– Am I Eligible Now to Get a Restricted Driver’s License?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
