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).

“APS RESTRICTIONS

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.]

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