San Diego DUI Law Center

Application for Critical Need (Under 21 DMV) DS 694

Print-out and complete the DMV Application for Critical Need Restriction DS 694 form: Click Here Include as many documents as possible from your school, physician, &/or employer to support your need for a restricted license.   DMV’s guidelines generally state: “A critical need restriction is very limited (§§12513, 13353.8CVC). To be eligible for the restriction you must verify that:
  • a specific critical need condition exists, and
  • all other transportation is inadequate.”
* For purposes of trying to show DMV “all other transportation is inadequate,” substitute “impossible” for “inadequate.” Specifically, Vehicle Code section 13202.5 (c) (2) specifies that  in order to obtain restrictive conditions to drive, the petitioner must make a showing of a “critical need to drive”. This phrase has been statutorily defined to mean those “… circumstances which are required to be shown for the issuance of a junior permit pursuant to Section 12513”. According to section 12513 (a),  if  “any one or more of the following circumstances exist” (Emphasis added), a person is eligible for the special driving permit when: 1) school or transportation facilities are inadequate for regular attendance at school or activities authorized by the school, 2) reasonable transportation facilities are inadequate and vehicle operation is necessary due to illness of a family member, 3) transportation facilities are inadequate, a vehicle is necessary to and from the employment, and a parental statement setting forth the necessity is available. In order for the Application to have any chance of being granted, you have to get as much documentation as you can – showing no transportation is available for the time(s) you go to/from school &/or work. Attach public transportation schedules, MapQuest maps from home to school &/or work, etc. in order to show it’s impossible (not just inconvenient).  The more documents you attach, the better.   To give yourself the best shot, if possible: 1) Submit local bus schedules and highlight possible timelines of travel. 2) Use maps and MapQuest and/or aerial views of the route to and from work to show that bicycles and walking will not do. 3) Submit affidavits/declarations (statements “made under penalty of perjury”) by yourself and family members (and/or roommates) attesting to what you contribute to the family (or household) and why it is not possible for them to drive you. If applicable, state no other licensed person resides in the household is available for carpooling. If you are working, state your income is essential to the household. 4) Submit letter from employer(s) indicating how valuable you are and the need for you to drive, and the lack of flexibility in your schedule. 5) UBER, LYFT and Taxi costs. 6) Any School schedule. 7) Any Work schedule. 8) Proof you live away from public transportation. 9) Proof your work and/or school is far away. The more you can get documentation, the better it will be received. School registration, work letters, family letter, and/or bus routes that make everything impossible and a letter from you tying it all together. Think of it this way, some clerk is sitting in Sacramento who knows nothing of where you are; you need to give that DMV clerk a visual picture with maps and routes and letters, with proof that this is really CRITICAL to you, your family, your boss, and your future. These applications are difficult to get granted by DMV.  Common reasons for denying the application for critical need restriction include:
  • The application indicates you reside with another person in the household that is licensed.
  • The application does not inform if alternative transportation is available to you or if you have tried to use other forms of transportation such as public transportation, carpooling, etc.
  • The restriction can not be issued unless your income is essential to the household and there is no evidence of this even though you do contribute.
  • Lack of documentation or showing of the above factors.
Mail to the address at the top; please send a copy to me at PO Box 503483 SD CA 92150. It may take DMV a month or a couple of months to process. The critical need restriction shall be imposed not earlier than the 31st day after the date the order of suspension became effective and shall remain in effect for the balance of the period of suspension or restriction in this section.  [VC 13353.8(d)] If/when available after court, attach a copy of any certified copy of the separate, Petition to Court for Review of License Suspension granted by the court. The court separately imposes a mandatory 1 year suspension arising out of the court case.  To counter that, the attached Petition must be completed by you, returned to me, and granted by the court in order to get legal driving privileges. See  License Restrictions for First DUI Offenders | DUI Lawyers Report   You’ll also have to file an SR-22. SR-22 An SR-22 isn’t a type of insurance coverage, but rather proof that you have insurance. In considering your insurance options, I recommend calling Alondra Ambrocio at (714) 809-9940 for a free quote and help. An SR-22 is notification from your insurance company to the DMV that you have auto liability insurance in effect in the State of California which satisfies the minimum insurance coverage required by the State. This insurance notification is typically required by the State for 3 years from the date an original suspension would have ended which can be determined. If your policy lapses for any reason (miss a payment, get canceled) the insurance carrier is REQUIRED to notify the DMV who is supposed to then notify you that you will have to file another SR-22 with them by a certain date or your license will be suspended. This form, typically filed electronically, is the only form the The Department of Motor Vehicles will accept. They will not accept any other form as a substitute for the SR-22.   When is the SR-22 required? This will be required by you if: (1)  you were arrested and; (2)  you have your license suspended or restricted and/or; (3)  if you are required to take an alcohol program and; (4)  you want to get a restricted license. To apply for a critical need restricted license, you have to do 4 things: (1) Pay DMV re-issue fee(s). (2) Provide DMV proof of financial responsibility (SR-22). (3) Provide DMV proof of enrollment in approved California alcohol program. (4) Mail Sacramento your completed Application for Critical Need Restriction with supporting documentation. Insurance minimums in California: For private passenger vehicles per accident: $15,000 for injury/death to one person. $30,000 for injury/death to more than one person. $5,000 for damage to property. If you currently have an SR-22 and want to move to another state you must maintain the SR-22 like you still live in California – even though you no longer reside here. Also, your insurance policy for the new state must have liability minimums required by law in California. This applies even if you move to one of the states that does not have SR-22 insurance: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania. If your insurance company cancels your insurance because of your conviction, you will receive a notice indicating that your vehicle registration will be suspended if new insurance information is not submitted within 45 days. A skilled insurance broker can often times save you from being cancelled or having your insurances rates double (typical through State Farm, for example) once a conviction appears on your record. The SR 22 is filed electronically so you do not have to worry about delivering an original. Please call Alondra Ambrocio at (714) 809-9940 for a free quote and all insurance-related help. When you tell Alondra you are my client, Alondra will treat you like family.  I encourage you to call Alondra to get a free quote regardless of your insurance situation.  Alondra regularly saves my clients a lot of money. Reasons to use Alondra (rather than your present Insurance Company):
  • You would not have to tell your Insurance Co. you need an SR-22 which is only needed because of a DUI.
  • Immediate SR-22 Filing!
  • You can get insurance quicker than anywhere.
  • Alondra has many years experience dealing with DMV and related driving privilege issues arising out of the DUI.
  • White Glove Service, as my Client.
  • Clear path on navigating through driving privilege & licensing process.