Los Angeles DUI and Restricted Licenses

Los Angeles DUI Attorney

Police with driver's licensePeople who have been arrested for or charged with driving under the influence often want to know if they will lose their license; and if so will they be eligible for a restricted license. A restricted license allows a person to drive subject to certain restrictions. In many cases, a driver may be eligible for a restricted license but there are situations where a restricted license would not be available.

It is important to remember that anyone who has been arrested on suspicion of DUI may be dealing with two potential license suspensions; an administrative suspension that is imposed independent of what happens in court and a court suspension that is triggered whenever a person is convicted of a driving under the influence offense.

The administrative suspension automatically starts 30 days after a person is arrested for DUI and the arrest is reported to the DMV. The driver can contest this suspension and must file a request for a stay of suspension and administrative per se hearing within ten days of being arrested. If a timely hearing request is made, the DMV will issue a temporary driver’s license that would allow the driver to drive while the matter is pending.

If the DMV ultimately decides to uphold the suspension, the driver will be sent a decision in the mail that informs him or her of the adverse decision and provides the date that the suspension begins. For first time DUI drivers who did not refuse testing and who are 21 or over, the administrative suspension would last for four months. After 30 days, the driver would be eligible for a restricted driver’s license. The restricted license would allow the driver to drive to and from work and to and from his or her alcohol education class. In order to get a restricted license, the driver would have to provide proof of enrollment in the AB541 (3 month) class, obtain SR22 supplemental insurance and pay a reinstatement fee. The restricted license would be effective for five months or longer, depending on what happens in the driver’s court case.

Drivers who refuse testing, who have prior DUI offenses or who are under 21 would be unable to obtain a restricted license. These drivers also face longer suspensions that are at least one year long. A driver with multiple DUI offenses may be able to get a restricted license if he or she is convicted in court of DUI and was not on probation for the first DUI when he or she committed the second offense. These drivers would be eligible for a restricted license after a 90 day hard suspension that would allow them to drive as long as they install an Ignition Interlock Device (“IID”) in their vehicles.

Drivers who are convicted of DUI in Los Angeles County are subject to an IID requirement due to Los Angeles County’s involvement in the DMV IID Pilot Program. After being convicted in the court, the conviction is communicated to the DMV which would then issue its own suspension. Even if the driver is already serving his or her administrative suspension, he or she would be required to get an IID device. The IID restriction would be effective for at least five months or whenever the alcohol education program is completed, whichever is longer.

If you have recently been arrested for DUI and want to know more about restricted licenses, it is imperative that you speak with a Los Angeles DUI Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles DUI Lawyer Michael Kraut is highly knowledgeable about this area of the law and can help his clients obtain restricted licenses.

For more information about Los Angeles DUI and restricted licenses, and to schedule your free consultation, contact Los Angeles DUI Lawyer Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
★★★★★
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
★★★★★
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There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
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Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
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Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
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Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
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Owen, Google User