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Am I eligible for a restricted license following a DUI arrest or conviction

Driving under the influence is a wobbler offense that typically is charged as a misdemeanor for first-time offenders. This article will go over how a first-time DUI offender may be eligible to obtain a restricted license while they are waiting out their driver’s license suspension. We will also explain the process of getting your license reinstated after committing a DUI.

Will my license be suspended after being arrested for driving under the influence? 

As a result of being arrested for driving under the influence, you will be subject to a license suspension. The only way to avoid this is if you are not found guilty in court of drinking while driving and you win your requested DMV hearing. However, if you are found guilty and have your license suspended, you may still be eligible for a restricted license that will allow you to continue driving during the time your license is suspended, which can be as long as six months. 

What is a “restricted license”?

You may either apply for a restricted license or an IID restricted license. A restricted license will allow you to drive only for certain purposes such as to work or to a DUI treatment program. Other reasons could be to drive your child to school or to drive someone to the hospital in the event of a medical emergency. This type of restricted license is usually applicable to people who live in areas that do not have proper public transportation and therefore can not fulfill their personal responsibilities, such as going to work. An IID restricted license on the other hand, will allow you to drive wherever you want as long as you have an ignition interlock device installed in your vehicle. 

Am I eligible for a restricted license?

As a first-time DUI offender, you will be eligible for a restricted license unless:

  • You refused to take a blood alcohol test
  • The court decided not to allow you a restricted license

How do I get my license unrestricted?

In order to get your license unrestricted, you must fulfill the terms of your sentence (complete DUI school, wait out the full length of your suspension, etc.), then you must file an SR22 form. This form will be filed with the DMV. You will also have to pay a DMV fee of $125. 

This article has explained how you may return to driving after being charged for committing a first-time DUI. If you would like more information on DUI charges, please consider contacting us. 

Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.

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