How to Get a Restricted Driver’s License after a Second DUI?

Assuming that you have been arrested for a second offense DUI within a period of ten years, the DMV will suspend your license for one year (unless you win a set aside of the administrative action against your license – see our DMV Administrative Per Se Hearing page). Again, assuming that you are convicted in a criminal court for a second offense DUI, your license will be suspended for a period of two years. The total suspension period by both the DMV and the criminal court shall not exceed two years.

However, for most working people, not having a driver’s license for either one or two years means unequivocal and inevitable financial ruin. Therefore, the Department of Motor Vehicles is allowed by legislative enactment to provide a restricted driver’s license to an individual who is arrested and/or convicted of a second offense DUI. In this scenario, the individual can get a restricted license from the DMV after serving 90 days of his or her license suspension. In order to obtain a restricted driver’s license following a second drunk driving arrest or conviction, the individual needs to submit the following to the DMV:

1. Proof of enrollment in either an 18 month or 30 month Multiple Offender Program;
2. An agreement to continue in the Multiple Offender Program during the period of the restriction;
3. Proof of installation of an Ignition Interlock Device (IID), as well as, an agreement to maintain the IID during the period of the license suspension;
4. Proof of financial responsibility, i.e., an SR-22 (which can be obtained from an insurance company and must be maintained for 3 years following the conviction);
5. Payment of a restricted license fee to the DMV.

To try to avoid a criminal conviction for a second offense DUI, as well as, two year license suspension, contact the San Mateo DUI lawyers at Ahmed & Sukaram, Attorneys at Law right away. Our lawyers may help you secure a not guilty verdict at trial or help you obtain a reduction of your DUI charges to a “wet-reckless,” and thereby avoid many of the consequences described above. You have rights and defenses, don’t miss out on yours!

* In order to obtain a restricted license you must have been over 21 years old at the time of the DUI arrest and must have submitted to an implied consent test.

** If you were on probation for another DUI and had a Blood Alcohol Concentration (BAC) of greater than .01% then you are not eligible to receive a restricted license.