If your license is suspended for DUI, you may be eligible to obtain a restricted license. Whether the suspension is a result of a DMV Administrative Per Se action or a suspension as a result of a DUI conviction determines when eligibility will occur.
DMV ADMINISTRATIVE PER SE SUSPENSION
A suspended license resulting from an Administrative Per Se action by the DMV under California Vehicle Code §13353.2, which for most first offenders is four months, may be eligible for a restricted license after 30 days of suspension term.
The eligibility for obtaining a restricted license during the four month suspension is provided in California Vehicle Code §13353.7 (a), which states if the person whose driving privilege has been suspended under Section 13353.2 (Administrative Per Se suspension) may apply to the department for a restricted driver’s license limited to travel to and from the activities required by the program and to and from and in the course of the person’s employment. The Department shall suspend the person’s privilege to operate a motor vehicle for 30 days and then issue the person a restricted driver’s license
- Driver must enroll in a driving-under-the-influence program, and
- Gives proof of financial responsibility (known as an SR22), and
- Pay a fee to DMV
DUI COURT CONVICTION SUSPENSION
For most first offenders California Vehicle Code §13352 (a) provides the department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 (DUI) or 23153 (Felony DUI), subdivision (a) of Section 23109, or Section 23109.1. Upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months.
California Vehicle Code §13352.4 (a) the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
- Submit proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program.
- Submit proof of financial responsibility.
- Pay all applicable reinstatement or reissue fees and any restriction fee required by the department.
The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required.
FACING YOUR DUI CHARGE
If you are facing a DUI, you should find a dui lawyer, the best dui lawyer.
Kenneth M. Hallum is a Santa Barbara attorney handling DUI cases exclusively and can answer your drunk driving questions, questions about the DUI arrest report, whether DUI reckless driving is an alternative or option, whether a driver’s license suspension, or a dui suspension can be avoided, or the specifics of a DUI trial. There are many issues Santa Barbara DUI lawyers must address. Facing a DUI alone is not an option you want to take. There are serious ramifications to dealing with the legal system that will impact your life if not handled correctly. It is best to obtain the services of a highly experienced DUI defense attorney to handle the proceedings for you. Each case is unique with an individual set of facts, mistakes, and legal arguments, and most important each case has a unique individual component – YOU.
When the evidence “seems” overwhelming, that is when you need a DUI attorney dedicated to DUI defense in order to make sure that every possible issue and defense is explored! Trials can be won, and cases can be dismissed, and Attorney Kenneth M. Hallum is dedicated to that goal. With an extensive law enforcement background he is a best bet for a strong and aggressive DUI defense lawyer.
Contact Kenneth M. Hallum right away! Know your Rights, Options, and Defenses.