San Diego drivers are not eligible for restricted license if the driver has refused or failed to complete a San Diego DUI chemical test OR the San Diego driver has a prior APS action which attorney did not prevail on, or a California DUI conviction within 10 years of the violation. Consult with a lawyer if any questions.
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, and
2. A second action arising out of an adverse San Diego DUI court conviction.
(which is not this San Diego DUI Lawyer Blog; go here instead this San Diego DUI Attorney Article).
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.
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 5 months.
The (3) requirements are:
Provide proof of enrollment in a first offender DUI program as described in §23538(b) VC.
File proof of financial responsibility by a California Insurance Proof Certificate (SR 22).
Pay a $125 reissue fee.
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)
[Above San Diego DUI Lawyer information is from page 12-10 of updated DMV Administrative Per Se Hearings Manual (Chapter 12) for California DMV Hearing Officers.]