Do I have the option of a restricted license if I was arrested for a DUI? 13 Answers as of February 24, 2012

I was arrested for DUI on 4/21 and court isn't until 7/14. Do I have any options for getting a restricted license before then? I would like to start the process as soon as possible but don't know if I can join a class and file SR22 before my court date or if that even makes sense. I was informed that my BAC was .10 by the transporting officer but not in the field and was not told what was blown when I tested in jail. I would also like to know if there are any grounds for getting my charges knocked down to a wet and reckless.

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You can qualify for a restricted license by enrolling in a alcohol program.
Answer Applies to: California
Replied: 5/9/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Whether you can get a 'wet reckless' or not depends on several factors, most of which you did not provide with your query. Your plan is good, in that you can start the class (go to the DMV and get the referral), as the DMV also will require the class. However, the Temporary License you were given when you were released from jail is only good for thirty days. You can drive onthe Temporary License for much longer prior to your court date if you follow the instructions and notify the DMV within ten days that you want an APS Hearing. To get the referral, you have to have lost the privilege to drive and be in the mandatory thirty day suspension (mandatory upon first time DUI adjudication by the DMV). Then, once you have enrolled in the class, you take your enrollment proof and your SR-22 to the DMV. If the mandatory thirty day suspension is over, you can get a restricted license (for most practical purposes you can drive as you normally would).
Answer Applies to: California
Replied: 5/1/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Generally speaking, yes, you can get a restricted license. You should speak with an attorney in detail about your case. I would be happy to speak with you in more detail and can be reached through 1duilawyer.com. It may be possible to get your DUI charge dismissed and reduced to a lesser charge such as a wet reckless or better. Also, an attorney can request a DMV hearing for you so your license is not suspended 30 days after the arrest. Note that there is a 10 day window from the arrest date to request that DMV hearing. When I request DMV hearings, I also have them issue a new temporary license so there is not an automatic suspension. Call me to discuss in further detail if you would like.
Answer Applies to: California
Replied: 4/29/2011
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
You can get a restricted before you even go to court in certain cases.
Answer Applies to: California
Replied: 2/24/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your license statist is up to the DMV. You need to set up a DMV hearing within 10 days of your arrest.
Answer Applies to: California
Replied: 4/29/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    You are eligible for a restr. license 30 days after your suspension. You must be enrolled in a Dui program and have an SR22. You can get info about the program from the DMV web site or by going to DMV.There is a chance at getting a "wet" if the test at the station was .09 or below A good attorney would have a better chance of getting it. For more info or a fee quote
    Answer Applies to: California
    Replied: 4/29/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Getting a wet reckless for a .1 is not going to be easy but talk to your lawyer as he/she will know how the local DAs deal. Yuo get to drive for 30- days after your arrest but then you are screwed. I never heard of going to class before ordered to by the court, but again, check with your attorney.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    If it is your first DUI, you may get a restricted license. You may start this process with DMV regardless of the court date. If your BAC was in the neighborhood of .10 or lower then you do have a chance of getting a wet reckless. You need to speak to an attorney about the details and facts of your case.
    Answer Applies to: California
    Replied: 4/29/2011
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    At the time of your arrest, the officer most likely took your driver's license and provided you with a pink piece of paper which is a temporary license. That form instructs you that your temporary license is only good for 30 days, unless of course you request an Administrative Per Se hearing within 10 days of your arrest. Yes, they mean 10 days. You call your local DMV Administrative Hearing office and request that hearing. By requesting this hearing your license will remain valid, they will place a stay on the suspension, until you have your hearing. If in fact you driver's license is suspended as a result of the hearing, you will have a suspension for a period of 6 months; however, only the first 30 days is considered in my opinion a hard suspension, meaning you will be without a license for those first 30 days. After that you will be eligible for a restricted license through DMV as long as you are enrolled in a first time offenders alcohol program (AB541), obtain an SR22, and pay a reinstatement fee. Please feel free to call my office should you have further questions or would like to discuss these issues at a free consultation.
    Answer Applies to: California
    Replied: 4/29/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    You are able to get a restricted license, but you must strictly follow certain procedures. First, you should know that you only have 10 days from the date of your arrest to request a DMV hearing or else you lose this right. It is better if an attorney schedules the hearing on your behalf in order to secure a longer temporary license for you. A .10% DUI may have very strong defenses. If you would like to explore your options, please contact our office for a free case evaluation and for a further explanation of your rights. YOU MUST SCHEDULE YOUR DMV HEARING RIGHT AWAY!
    Answer Applies to: California
    Replied: 4/29/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony. If you win the hearing the DMV wont impose suspension. If you lose, then you may be able to apply for a restricted license in 3-6 months. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. CAN the criminal case end up being reduced or dropped? Of course. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me to arrange a consultation to discuss the facts and fees. We may be able to advance the hearing date for the criminal case and have it dealt with earlier than July.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Offices of Dennis Smith
    Law Offices of Dennis Smith | Dennis William Smith
    You need to apply to DMV for an in person hearing on the per se suspension. If you do this within 10 days of the arrest, the suspension will be stayed until after the hearing. Later, if necessary, you may be eligible for a restricted license. You should contact an attorney if you need help requesting the DMV hearing.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First of all, you do not need a restricted license, at least not at this stage. You were given a temporary license (pink slip), which is as good as a regular license. An attorney can request that the temporary license be extended beyond the 30 days listed on the pink slip (pending the DMV hearing, which could take several months to resolve). What you will want to do is hire a DUI specialist right away, because you have only 10 days to request a hearing, or else you lose your license by default, and this suspension would be separate and on top of whatever the court imposes later on (assuming you get a DUI in court). As for getting a wet, yes it is possible, because 0.10% isn't considered high. Again, contact a DUI specialist immediately.
    Answer Applies to: California
    Replied: 4/29/2011
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