Answer FileDUI Defense

Can I get a restricted license after a DUI in California?

The answer, cited

Usually yes, through the DMV. Vehicle Code section 13352.4 authorizes restricted licenses for many first offenders after enrollment in a licensed DUI program, proof of financial responsibility on form SR-22, and payment of DMV fees; installing an ignition interlock device under Vehicle Code section 23575.3 generally allows unrestricted driving sooner.

Losing the unrestricted license rarely means losing all lawful driving. After a first-offense suspension, California offers two routes back on the road. The ignition interlock route under Vehicle Code section 23575.3 lets many drivers keep driving anywhere, immediately or nearly so, by installing a breath-testing device in every vehicle they operate. The alternative restricted license under Vehicle Code section 13352.4 permits driving to and from work and the DUI program, generally after a waiting period. Both require enrollment in the licensed DUI program, an SR-22 proof-of-insurance filing, and DMV fees; the DMV, not the court, issues the restriction. Important limits: drivers who refused chemical testing face suspensions that generally allow no restricted license during the refusal period, commercial licenses cannot be restricted for commercial driving, and under-21 zero-tolerance suspensions follow their own rules. Because eligibility dates depend on whether the suspension came from the administrative per se action, the conviction, or both, confirming the sequence with the DMV before driving is essential.

Authority: Cal. Veh. Code § 13352.4

Legal information, not legal advice.

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