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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Is a DUI Restricted License Available for a First Offense?

A DUI restricted license for a first offense is available for drivers age 21 or more.  There are two suspensions that occurr with most “driving under the influence” cases.  There is one triggered by a conviction for either VC 23152(a) driving while affected, or VC 23152(b) driving with .08 B.A. or more.  The other is the DMV pink sheet suspension as a result of being .08 blood alcohol level or more regardless of Court proceedings.  The DUI restricted license is available in both cases in most situations.

The DMV .08 B.A. suspension is 4 months but can be converted to a one month suspesnion and five DUI restricted license month to and from and in the course of employment and the DUI program.  This restriction requires four things: 1.)you must wait 30 days from the start of the suspension (no driving at all).  2.) Enrollment in the DUI program which notifies DMV.  3.) Proof of SR-22 from your insurance company to DMV.  4.) Payment of $ 125 reissue fee to DMV.

 After the Court conviction, you are eligible for a restricted license for work, work related driving and Court or DMV required activities upon filing an SR-22 insurance form, DUI program enrollment and paying a DMV reissue fee.  If you are caught driving during the suspension period, the car will be impounded for 30 days and cost about $1500 to get out of impound and a new criminal charge for driving on a suspended license for an alcohol suspension will be file which is punishable by 10 days minimum jail to 6 months, up to $ 1000 fine and ignition interlock on any vehicle you drive for up to 3 years.

There may be other license eligibility requirements if you are under 21 years old, refused a chemical test, or have prior offenses within 10 years.  Contact us at Christoph Law Offices for a free consultation at 760-941-5720.  We have been locate across from the Vista Courthouse for over 30 years and have handled 3000+ DUIs.

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