On a first time DUI you cannot drive for 30 days if you lose your DMV hearing, but after 30 days you can get a restricted license to drive to work.
If you lose your DMV Hearing for DUI in California
If you lose your DMV hearing for DUI in California, and there was not a refusal, you face the following suspensions:
First Time DUI
The DMV will suspend your license for a minimum of one month. After this one-month suspension of your driver's license, you can obtain a restricted license to drive to work for the next 4-5 months (or possibly longer depending on what happens in court) if you :-
- Enrol in an alcohol class
- File proof of insurance (SR-22, proof of financial responsibility)
- And pay the DMV a license reissue fee of $125.
In summary, on a first time DUI you cannot drive for 30 days if you lose your DMV hearing but after 30 days you can get a restricted license to drive to work.
Second Time DUI within 10 years
The DMV will suspend your license for one year if you lose your DMV hearing for a second time DUI. That means NO DRIVING IS ALLOWED FOR ONE YEAR. You are not even allowed to drive to work. People cannot believe the DMV will not allow a restriced license during this year but the law is merciless and brutal on second DUIs and your license will be suspended for one year. NO DRIVING IS ALLOWED AT ALL for one year by the DMV for a second time DUI.
Third Time DUI within 10 years
The DMV and the Court will attempt to revoke your license for 3 years during which you cannot drive at all. After completion of the 18 month program and installation of an ignition interlock device, you might be eligible for a restricted license which would allow you to drive for work-related reasons.
Negligent Operator & Restricted License
If the California DMV wants to suspend your license for being a negligent operator you are still entitled to a DMV hearing and you might be able to get a restricted drivers license if you drive a lot for work; so make sure you have a DMV hearing in these situations.
How to get a Restricted License
To get a restricted license you will need to go to your local DMV office. The DMV will then look at your record to see if you have enrolled in the approved DUI class, filed a SR-22 proof of insurance, and served the appropriate suspension time. If you meet all of these DMV requirements they will then issue you a restricted license after you pay them a DMV reissue fee.
Getting to work - Alternatives to Jail in Los Angeles
Most everyone needs a license in Los Angeles to drive to work and cannot miss work to go to jail. If you face jail time, we have been very successful in obtaining alternatives to LA County Jail such as community service, Private Jail, Cal Trans Work, Work Furlough, House Arrest, etc; so people don't miss work and lose their jobs.
If you refused to take a breath test or blood test when you were arrested for DUI, even if you tried blowing into the machine, you face a one-year suspension of your license with absolutely no chance of getting a restricted license to drive to work during this suspension. If you have prior DUIs then you face a longer suspension.
You must win your DMV hearing in all refusal cases to get your license back and avoid this strict punishment. The courts have no power over your license in refusal cases which means even if you go to trial and win, it will not affect your license status. You must win your DMV hearing to get your license back.
There have been cases where people have tried blowing into the breath machine and when no result is obtained, officers sometimes get impatient, accusing you of not blowing hard enough, and they say that you have refused to take a test without telling you that you face a 1-year license suspension and a minimum of 48 hours in jail from the court for refusing to take a test.
So Refusal cases are very serious and you must get a DMV hearing to fight these allegations.
Please call us (310) 285-1516 to speak with a Los Angeles DUI Attorney if you have any questions regarding getting a restricted license.