to me, San Diego county DUI cases is about hoop jumping. In the vast majority of cases there is not going to be jail time. What does happen is a person gets hit with a plethora of various punishments to equal the punishment of jail. I have discussed these in previous articles. Today, I want to focus around one of the most important hoops. your driving privilege. If you do this right our office can navigate you through the process. Without the proper understanding and timing of everything you can find your self on hold for hours on the DMV hotline or making many wasted visits to the DMV. All the while your license is suspended. This alone makes this one of the tougher hoops to jump through. Contact our office now to get started at (858) 751-4384.
The key begins by getting an attorney to set the DMV hearing. If you go alone, be prepared to subpoena videos, lab results, reports, and all other relevant evidence. The goal is to avoid getting your license restricted by winning the DMV APS hearing. Now, the reality is the vast majority of these hearings end in a suspension. However, you should still put your best foot forward at the APS hearing. It is not a waste of time. You can examine the case and become acquanted to the facts weeks before you step into court. The DMV APS hearing is key to being proactive on the DUI court side of the case.
If the DMV suspends your license you can forecast what is going to likely happen on the court case. Then you can do what you need to do to get a restricted license when you are eligible for it. This usually includes getting an SR-22 certificate, DUI education enrollment, and a processing fee. Lets get into the restricted license some more when you are arrested for a San Diego DUI.
The license suspension by the DMV (and the criminal courts) is one of the San Diego DUI consequences that concern most clients. People charged with a San Diego DUI still have to go to work, take kids to school, and live life. The question ALWAYS pops up about how long is a license suspension as a result of a San Diego DUI.
Todays article will focus on getting a restricted drivers license.
CAIFORNIA VEHICLE CODE § 13352.4 : California Code – Section 13352.4:
(a) Except as provided in subdivision (h), 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:
(1)Submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.
(2)Submits proof of financial responsibility, as defined in Section 16430.
(3)Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision © of Section 13353.3.
© The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(f) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.
(g) The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver’s license authorized under this section.
(h)If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.
The DMV suspends your license for 4 months. Before you can reapply for CA driving privileges, you have to wait the suspension period and file an SR22 supplemental insurance. However, you may be able to apply for a restricted license. Note, this is just the punishment if you lose the DMV hearing. On the court side, if you later plead guilty to San Diego DUI or a jury convicts you of San Diego DUI, the DMVautomatically adds additional punishments.
On the court side, if you plead guilty to San Diego DUI or if a jury convicts you of San Diego DUI, the DMV suspends your license for 6 months, although you may receive credit for time already served on the 4-month DMV suspension as long as the periods overlap. In addition, you cannot reapply for full CA driving privileges until you 1) serve your suspension period, 2) file the SR22, and 3) complete a California driving class. Note, the DMV only adds these terms for DUI, not for a wet reckless
It depends if DMV suspended from a DMV hearing or not. If the DMVsuspended your license from the DMV hearing from a DUI arrest, you can apply for a restricted license by 1) waiting a 30-day suspension. Cal. Veh C § 13353.7 . Note, getting a restricted license may add time to your overall suspension. See Cal. Veh C § 13353.7 . If there was no DMV suspension from a DMV hearing, but still a suspension from the San Diego DUI conviction, you can apply for a restricted license immediately by 1) enrolling into the First Conviction Program (ie. driver class), 2) filing an SR-22, and 3) applying to the DMV ($125). Cal. Veh C § 13352.4.
Can I Get a Restricted License?
Getting a restricted license depends on several factors, including if you were over 21 at the time of arrest (or alleged offense), if you have any prior San Diego DUIs, and if you refused.
Keep in mind, you do not nee
d to apply for a restricted license unless you want one (most people do).
San Diego DUI as a first offense:
With a first offense, if depends if you won the DMV hearing or not. If you won the DMV hearing, but were convicted of San Diego DUI in Court, you can apply immediately for your restricted license and do not need to wait a 30-day hard suspension. If you won the DMVhearing, to get a restricted license 1) file an SR-22 insurance, 2) enroll into the First Conviction Program (must be the 3-month program), and 3) go into DMV to apply for the restricted license for $125. Cal. Veh. C § 13357.7. For convenience, set up an appointment with the DMV here.
If you did not win the DMV hearing, and DMV suspended your license from that hearing, to get a restricted license you must 1) wait the 30-day hard suspension from the date of the DMV hearing suspension (not the Court suspension); 2) file an SR-22 insurance; 3) enroll into the First Conviction Program (must be the 3-month program), and 4) go into DMV to apply for the restricted license for $125. Cal. Veh. C § 13357.7. For convenience, set up an appointment with the DMV here.
Where can you drive with this restricted license? The restricted license allows you to drive only 1) to/from/for work and drive to and 2) to/from activities required in the driving-under-the-influence program (ie. San Diego DUI driver class). California Vehicle Code 13352.4©.
Will the restricted license add time to my suspension?
The answer is maybe, depending if you are convicted of San Diego DUI on the criminal Court side, or if your charges are reduced to a wet reckless (or lower). DMV has done a nice job of making this as confusing as possible.
The general rule is the restricted license remains in effect for 5 months. California Vehicle Code 13353.7(a)(3). However, DMV does not give credit for a restricted suspension when there is a San Diego DUI conviction in Court. California Vehicle Code 13352.
Here are a few examples:
You lose the DMV APS hearing:
DMV suspends your license for 4 months. You get a restricted license, which turns the 4 month suspension into a 6 month suspension. Here is the math: 1 month hard suspension, plus 5 months restricted driving.
This assumes 1) this is a first offense, 2) you are over 21, and 3) there was no refusal.
You lose the DMV APS hearing, and your criminal charges are reduced to a wet reckless (or lower):
DMV does not suspend your license further from a wet reckless conviction (even if seen as a second offense or more). The wet reckless does not hit the DMV for purposes of suspension. So the formula above applies. DMV suspends your license for 4 months. You get a restricted license, which turns the 4 month suspension into a 6 month suspension.
Here is the math: 1 month hard suspension, plus 5 months restricted driving.
This assumes 1) this is a first offense, 2) you are over 21, and 3) there was no refusal.
You lose the DMV APS hearing, and you are convicted of a DUI in Court:
DMV suspends for 4 months from the DMV hearing. And DMV does a mandatory suspension from a San Diego DUI conviction. Here’s the kicker: DMV does not give credit for a restricted license when there is a San Diego DUI conviction in Court. California Vehicle Code 13352. So your suspension period can really be 11 months total.
Navigating through a San Diego DUI can be daunting. However, getting you driving privilege restored is key when dealing with a San Diego DUI.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.