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Restricted License

Restricted License After a DUI

Santa Ana License Suspension Attorney

Driver’s license suspension is one of the penalties associated with driving under the influence (DUI). In fact, a driver may have his or her license suspended after a drunk driving arrest even if he or she is not finally convicted of the criminal offense. The California Department of Motor Vehicles (DMV) initiates license suspension proceedings at the time a person is arrested for DUI and also if they refuse a breath test or take a breath or blood test with a resulting blood alcohol concentration (BAC) of 0.08% or greater.

Criminal court cases are separate from these proceedings. If your license was suspended as the result of a DUI arrest, you may be able to obtain a restricted license to drive for certain necessary purposes. A Santa Ana criminal defense lawyer at Thomas Tears, Attorney at Law can help you in seeking a restricted license with the DMV.

Requesting a Restricted License

In California, a driver may request a restricted license at their local DMV office anytime their license has been suspended. No administrative hearing is required and a request can be filed at any time. Such a license may allow you to drive to and from vital locations so that your employment, education, and health are not put at risk because of your inability to drive. Restricted licenses allow individuals with suspended licenses to drive to and from:

  • Work
  • School
  • Medical appointments
  • Grocery store
  • Other important locations

Depending on whether this is your first DUI arrest or if you have prior convictions on your record, you may be able to apply for a restricted license 30 days after the initial suspension of your driving privileges. This time period may be longer if this is your second or subsequent drunk driving suspension or if you refused a breath or blood test. In these cases, you may have to wait one year to apply.

Restricted License vs. DMV Hearing

Many states require drivers to attend a DMV hearing in order to obtain a restricted or “hardship” license, but California does not have this requirement. Motorists may request a DMV hearing to argue that their license suspension was unlawful or unjustified. These hearings must be requested within 10 days of your DUI arrest or else your request will be denied. DMV hearings are held at your local DMV and are presided over by an administrative judge with the DMV.

Speak With a Santa Ana Criminal Defense Lawyer for More Info!

To find out more about your right to request a restricted license and how an attorney can help, please do not hesitate to contact our law offices. We can talk to you about your case and can offer valuable advice based upon your particular situation and unique needs. Thomas Tears, Attorney at Law has 39 years of experience and is prepared to provide the aggressive and effective criminal defense representation that you need. Make an appointment with a Santa Ana DUI lawyer before it’s too late!

Client Reviews

Mr. Tears is a true Gentleman with vast knowledge of criminals law and great understanding the court system. I have used Mr. Tears services several times first time in 1998 and most recently in 2020 and referred his services to several of my friends and everyone agrees he treated his clients with dignity and respect.

Fred Highland

There are hundreds of DUI lawyers out there, and I’m sure there’s are a few that know how to win, but I don’t think all attorneys have the legal experience and relentless compassion, followed up by the genuine care that Attorney Tom Tears has proven to me as a client.

Joel Villarreal

I never felt like he wasn’t completely devoted to my case and my well being. He truly cares about his clients and his willingness to work with me in regards to paying out the fees was amazing. I do not believe I could have found another like him. My gratitude is immeasurable.

Lynne Porter

Our Location

Conveniently located near where 5 and 55 freeways meet, between First and Fourth Street.

Santa Ana Office
250 N Golden Cir Dr #109

Santa Ana, CA 92705


Get in Touch

Contact Us for a Consultation (714) 550-1101