Getting arrested for driving under the influence (DUI) in California can feel overwhelming—especially when it comes to your driver’s license. Thankfully, in most cases, you don’t have to completely give up driving. The state offers options for a restricted license that allow you to legally drive again under certain conditions.
Understanding how to qualify, apply, and remain compliant with a restricted license can make a significant difference in maintaining your livelihood and independence.
What Happens to Your License After a DUI?
After a DUI arrest, your license may be suspended either by the DMV or as part of a court order. This suspension can happen even before your court case concludes. The officer may confiscate your license and issue you a temporary one that’s only valid for 30 days.
To delay or prevent suspension, you must act quickly and request a DMV hearing within 10 days of the arrest. If you miss that window, your license will likely be suspended automatically, and you’ll have to wait out a mandatory suspension period before becoming eligible for a restricted license.
Types of Restricted Licenses in California
There are two main types of restricted licenses that allow you to legally drive after a DUI in California: one with an Ignition Interlock Device (IID), and one without it.
Ignition Interlock Device (IID) Restricted License
The IID-restricted license allows you to drive anywhere at any time, provided your vehicle is equipped with a court-approved ignition interlock device. This device requires you to blow into it before starting the car, ensuring you have not consumed alcohol.
To qualify, you must:
Install an IID from a certified provider
File an SR-22 insurance form
Enroll in a DUI education program
Pay all applicable fees to the DMV
With this license, you’re not limited to work or school-related travel. You can drive freely within California as long as the IID is installed and functioning properly.
Standard Restricted License (Without IID)
If you choose not to install an IID, you may be eligible for a traditional restricted license after serving a 30-day “hard suspension” period where no driving is allowed.
Once that period ends, you may drive, but only for specific purposes, such as:
Driving to and from work
Attending court-ordered DUI education programs
Medical appointments
Transporting a dependent who has no other means of transportation
To qualify, you must enroll in a DUI education program, file an SR-22 form, and pay a license reissue fee. Keep in mind, this option limits where and when you can drive.
Key Requirements to Get a Restricted License
No matter which type of restricted license you pursue, you must meet several basic requirements:
SR-22 Insurance: You must submit proof of financial responsibility through an SR-22 form, usually filed by your insurance company.
DUI Program Enrollment: You must be enrolled in a DUI education or treatment program approved by the state.
Fee Payment: You’ll need to pay a reissue fee to the DMV. The amount varies depending on your case.
No Prior Restrictions: If you have multiple DUI convictions, refusals, or other license-related penalties, you may not be eligible for a restricted license at all.
Staying Compliant with Your Restricted License
Once you have your restricted license, it’s essential to follow the terms carefully. Driving outside of approved hours or destinations (if on a standard restricted license), or tampering with your IID, can result in the revocation of your driving privileges.
A violation could also lead to additional criminal charges, fines, or even jail time. Remember, the restricted license only authorizes driving within California, and it must be renewed or transitioned into a full license after the restriction period ends.
Reinstating Your Full Driving Privileges
After completing your required suspension time, DUI program, and any IID requirement, you may be eligible to reinstate your regular driver’s license. This typically involves:
Providing proof of completion for your DUI program
Maintaining your SR-22 filing for a set number of years
Paying any outstanding fees or fines
Your full license will not automatically be reinstated. You must actively apply through the DMV and ensure all documentation is up to date.
Common Questions About Restricted Licenses
Can I drive to the grocery store or take my kids to school?
If you have an IID-restricted license, yes. If you’re on a standard restricted license, no—unless you’re transporting a dependent and there’s no other form of transportation available.
Do I need to finish my DUI class to get a restricted license?
No. Enrollment is typically enough to qualify. You must, however, complete the program to reinstate your full license.
How long do I need to maintain SR-22 insurance?
Usually for three years, but that can vary depending on the number of DUI offenses on your record.
What if I was under 21 at the time of arrest?
Drivers under 21 face stricter penalties and are usually ineligible for a restricted license, especially if their BAC was above 0.01%.
Why Legal Guidance Matters
While applying for a restricted license may seem straightforward, even minor mistakes in paperwork or timing can result in lengthy delays—or total ineligibility. Additionally, your eligibility may change depending on the outcome of your court case or DMV hearing.
A qualified DUI defense attorney can help you:
Navigate DMV and court deadlines
Represent you in your APS hearing
Prepare and file all necessary documentation
Improve your chances of a faster and smoother return to driving
Let Southwest Legal Help You Get Back on the Road
At Southwest Legal, we understand how devastating a DUI arrest can be—especially when it impacts your ability to work, care for your family, or manage day-to-day responsibilities. Our experienced California DUI defense attorneys have helped countless clients reduce suspension times, win DMV hearings, and secure restricted licenses quickly and legally. If you’re facing a DUI charge and need help driving again as soon as possible, we’re here to guide you every step of the way. Call us today for a free consultation or schedule your case evaluation online and take the first step toward regaining control of your future.
