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DMV Frequently Asked Questions
Why do I need to set up the Administrative Per Se Hearing?
There are multiple reasons. First, you will not lose your license 30 days from the date of the arrest. Your license will remain valid through the outcome of the hearing, which can occur several months away. It is always preferable to maintain your driver's license while the court case is still active. Second, you actually have the opportunity to contest the license suspension at the hearing. The DMV hearings can be won. If you lose, you lose. It will be the same suspension as if you never set the hearing in the first place. You have nothing to lose and everything to potentially gain. Third, when you set up the Administrative Per Se Hearing, you can request the police report and the chemical test results from the DMV who generally provide you with this evidence before the DMV hearing, and more importantly, the actual court date. It always help to have an opportunity to review the evidence before you go to court, and that is the only way to obtain it before the first court date.
How long is the license suspension if I am convicted in Court?
It depends on whether it is a 1st, 2nd, or 3rd offense. On a 1st offense, it is a 6 month suspension. On a 2nd Offense, it is for two years. On a 3rd Offense, it is undetermined. The Court actually has discretion to suspend your driver's license for up to 10 years on a 3rd Offense. If the Court leaves it alone, and leaves the matter of the license suspension up to the DMV (which will be your Sacramento DUI Attorney's request), the DMV will suspend your driver's license for three years.
What about a restricted license?
With the exception of 3rd Offense DUI scenario where the Court suspends the Driver's License for up to 10 years, you are entitled to a restricted by law after a certain period of time.
How long do I have to wait before I can obtain a restricted license?
On a 1st Offense, you are eligible for a restricted license after 30 days.
On a 2nd Offense, you are eligible after 90 days.
On a 3rd Offense, assuming the Court did not take it for 10 years, you are eligible after 180 days.
What do I need to do in order to obtain a restricted license?
On a 1st Offense, you must for the 30 day period to end; and
- Have an SR-22 on file with the DMV
- Have Proof of Enrollment in the First Offender DUI School on file with the DMV,
- Physically go to the DMV and pay the re-issue fee and receive your restricted license.
- If you were convicted in Sacramento County, you will also need proof of having an Ignition Interlock Device on your vehicle for a 1st Offense. If you were convicted in Yolo, Placer, Colusa, or El Dorado you do not need to obtain an IID on your vehicle when applying for a restricted license or in general.
On a 2nd and 3rd Offense DUI, you must wait the applicable time period; and:
- Have the SR-22 on file and proof of enrollment in the 18 month DUI school on file with the DMV
- Have an Ignition Interlock Device installed on your vehicle and have the proof on file with the DMV
- Physically go to the DMV, pay the re-issue fee, and obtain your restricted license.
Where am I allowed to drive on a restricted license?
On a 1st Offense DUI conviction, it depends on what county you were convicted in. Normally, on a first offense DUI conviction, the restricted license allows you to drive to, during and from work; as well, as to and from the DUI Program. This applies in Yolo, Placer, El Dorado and Colusa County.
If you are convicted of a 1st Offense DUI in Sacramento County, you are ordered to install the IID in your vehicle. The significance of this for restricted license purposes is that your license is restricted to the IID. This means that you can drive wherever you want as long as the vehicle is properly equipped with the Ignition Interlock Device.
If you were convicted outside of Sacramento County, and actually would prefer to have the IID installed to allow you to drive anywhere with the IID you cannot. The DMV will only allow the IID restriction if you were convicted in four counties in California on first offense. These are Sacramento, Tulare, Alameda and Los Angeles.
On a 2nd or 3rd Offense, no matter what county you were convicted in you will need an IID to obtain a restricted license, and at that point the restricted license goes by the same rules as 1st Offense restricted license's with an IID. As long as you vehicle is equipped with the IID, you can drive wherever you want.
Can the DMV ever revoke my restricted license once it is granted?
Sure, if you fail to maintain the SR-22 or the IID in appropriate case, your driver's license will automatically be suspended again. Also, if you get kicked out of the DUI School for any reason they will take away your restricted license.
DUI Lawyer Michael Rehm provides representation on all driving under the influence cases in Sacramento County, Yolo County(Davis & Woodland), Placer County (Roseville), EL Dorado County (Placerville & South Lake Tahoe), and Colusa County.