How do I recieve a restricted license? 9 Answers as of June 27, 2011

Last Thursday I received a ticket for having a BAC over 0.1 (infraction)and they suspended my license for a year. I'm a full time student and I work. I really need to be able to drive again. This is my first offense and I'm 19 years old. What do you think my chances are of getting a restricted license and what is the process of getting one? Do I need to request a speedy trial to get it asap?

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
I presume you meant a .01 B/A. If it had been a .10 ,you would have been arrested for a Misdemeanor.In order to get a restricted license you need to prove a 'Critical Need" The forms are available at DMV or can be downloaded.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The court does not restrict your license it is the DMV that does. When you get a charge of a DUI you have 10 days to file for a DMV hearing. If your license is restricted and not suspended you should be able to drive to school.
Answer Applies to: California
Replied: 6/23/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you are not charged with a crime but only a DMV suspension you need to fill out an application for a restricted license with the Driver Safety Division. They are very hard to get so an attorney could help. You could also lose your license by court action if you are charged with an alcohol related offense and the court can also issue a restricted license independently of DMV action.
Answer Applies to: California
Replied: 6/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
By applying for one. But. You probably wont qualify for some time. You will really need to find alternate transportation. BTW - driving on a license suspended because of a DUI is a new misdemeanor, not taken lightly by police, DAs or judges. DUI is a misdemeanor crime, not an infraction. Keep in mind a little free advice: 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 DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. He will be able to seek a restricted license for you, if the appeal is not successful. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a blood alcohol test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 6/23/2011
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
You have ten days to request a DMV hearing challenging the basis of the suspension of your license. Furthermore, under Vehicle Code section 13353.8(c), a person under age 21 who has his license suspended for having a BAC of .01 or higher is entitled to a restricted license upon a showing of "a critical need to drive." It sounds like you may be able to demonstrate that.
Answer Applies to: California
Replied: 6/23/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    To receive a restricted license (actually called a "critical needs license" if under 21 years of age), you generally have to show that you need it for work/school, and that public transportation is not a viable option. Additionally, if you work, submit declaration(s) about how your income helps pay rent, bills, etc. at your residence. There really is a lot more to it. Call me at 818-336-1384 to go over in more detail if you would like, or see 1duilawyer.com for more details. In regards to your case, it is possible to go to trial, and if you get an acquittal of the charge, you can get the DMV suspension reversed. That may be your best option here. Feel free to contact me to discuss your case in more detail, or about the "critical needs" license (or both).
    Answer Applies to: California
    Replied: 6/22/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    The issuance of a restricted license is an issue for the DMV, not the court. First, be sure you try your luck at the DMV Administrative Hearing. If you lose and your license is suspended (and most people do lose), then after 30 days hard suspension you may get a restricted license by taking three things to the DMV: 1) SR-22 insurance, 2) proof of enrollment in the First Conviction Program, and 3) $125 fee.
    Answer Applies to: California
    Replied: 6/22/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You have to apply for a critical needs license with the DMV Mandatory Actions Unit in Sacramento.
    Answer Applies to: California
    Replied: 6/22/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can't. Being a minor you are not eligible for a restricted license. You are, however, eligible for what is known as a "Critical Need" license.
    Answer Applies to: California
    Replied: 6/22/2011
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