If you have been convicted of your first DUI offense and were not convicted of refusing to take a breath test or blood test, you may apply for a restricted license to drive to, from, and during work (unless you hold a commercial driver license)—and to drive to and from the DUI program—upon meeting the following requirements:
- Wait out the mandatory 30-day license suspension,
- Enroll in a DUI First Offender Program (FOP) and show a Proof of Enrollment Certificate (DL 107) (you may need to ask the program provider to file this certificate),
- Show proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate under CVC §16430), and
- Pay a $125 reissue fee. (The reissue fee is $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.)
The court may require you to install a certified ignition interlock device on any vehicle you own or operate—this is rarely done if you have a relatively clean driving record or your blood alcohol level is below 0.15%. If you were convicted in Alameda, Sacramento, Los Angeles, or Tulare County, you likely will be required to install an Ignition Interlock Device (IID). For more information, consult an attorney in one of those counties.
Apply for a restricted license at the DMV. Making an advance appointment is recommended.
If you have been convicted of a second DUI offense within 10 years, provided that you did not refuse to take a breath test or blood test, you may apply for a restricted license to drive to, from, and during work, and to and from DUI classes, upon meeting the following requirements:
- Complete at least one year of your DUI suspension,
- Install an Ignition Interlock Device (IID) on any vehicle you own or operate and provide the DMV with a “Verification of Installation” form (DL 920),
- Clear all other outstanding suspensions/revocations on your driving record,
- Submit proof of enrollment in an 18 month DUI treatment program (DL 107) or Notice of Completion form (DL 101) to DMV (whichever applies to your case),
- Submit an SR 22 form establishing proof of financial responsibility issued by your auto insurance company to the DMV, and
- Pay all required fees: usually, a $100.00 reissue fee and a $15 IID restriction fee.
If you have no more than two prior alcohol-related convictions withn ten years, then you may apply for a restricted license upon meeting the requirements listed under “Second DUI,” above.
If you have three or more DUI offenses within 10 years, you are not entitled to apply for any type of restricted license.
Driving on a Suspended License
If you are convicted of driving on a suspended license (VC 14601.2), you may apply for a restricted license provided that you install an ignition interlock device on any vehicle you own or operate, for a period not to exceed three years from the date of conviction.
If you have a commercial driver license, you may apply for a restricted license to drive to, from, and during work if:
- You were not operating a commercial vehicle at the time of the offense,
- You wait out the mandatory 30-day license suspension,
- You pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, (The reissue fee is $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.),
You will only be able to drive your non-commercial vehicle, not your commercial vehicle.
If are a commercial driver and you were on court-ordered probation for a prior DUI conviction, and PAS or a chemical test showed a BAC level of 0.01% or more, then the DMV will impose a one-year suspension in addition to the Administrative Per Se suspension, and you will not be eligible for a restricted license during the one-year period.
For more information about ignition interlock devices, see: http://dmv.ca.gov/pubs/brochures/fast_facts/ffdl31.htm and http://www.dmv.ca.gov/pubs/vctop/d11_5/vc23575.htm