A first offender San Diego California DUI offense can possibly trigger 2 suspensions:
1. One arising out of an adverse California DMV Administrative Per Se Suspension Action (this below San Diego DUI Attorney article).
2. Another separate & independent action arising out of an adverse San Diego DUI court conviction (that is not subject of this below Article; instead, visit this San Diego DUI Lawyer link).
First offenders who submit to a chemical test may be entitled to a restricted license following a 30 day suspension term. The following are the types of restrictions and the requirements for obtaining a restriction.
NOTE: A driver is not eligible for a restricted license if the driver has refused or failed to complete a chemical test OR the driver has a prior APS action or a conviction for driving under the influence (DUI) within 10 years of the violation.
Restricted Non-commercial Driver’s License
A driver 21 years of age or older suspended under § 13353.2 VC who has not been convicted of a separate DUI violation or has not had a prior APS or PAS action within 10 years, may apply to the department for a restricted non-commercial driver license after 30 days of suspension.
The restriction will be in effect for 11 months. See the restricted option here.
The (3) requirements are:
The restriction applies as follows:
If Violation occurred in a non-commercial – Restricted to driving to/from/during motor vehicle. Holders of a commercial the course of employment and driving to driver license must down-grade to a Class and from DUI program activities.
C non-commercial driver license
If Violation occurred in a commercial – Restricted driving to and from DUI motor vehicle, must down-grade to a treatment program. Class C non-commercial. §13353.7(c)
Hardship Restriction – Drivers Under Age 21
Pursuant to §13353.8 VC upon issuing an order suspending a driving privilege as a result of a violation of §23136( a), the department may impose restrictions on a person’s driving privilege based upon a showing of a “critical need to drive.” This applies if within 10 years of the current violation of §23136 VC, the driver has not violated §23136 or has a prior APS action or conviction and has not been suspended or revoked for a PAS or other chemical test refusal.
“Critical need to drive” means the circumstances that are required to be shown for the issuance of a junior permit pursuant to §12513 Vc.
Types of restrictions allowed may be:
An APPLICATION FOR CRITICAL NEED RESTRICTION, DS 694, must be completed and submitted to the Driver Safety Actions Unit in headquarters.
If approved, a $100 reissue fee must be paid and a California Insurance Proof Certificate, SR 22, must be submitted. Upon receipt, restriction and comment indicating the restriction will be updated on, the driver record.”
[This San Diego DUI Attorney information is from pages 12-10 and 12-11 of the updated DMV Administrative Per Se Hearings Manual (Chapter 12) for California DMV Hearing Officers.]