Obtaining a restricted drivers license through the Department of Motor Vehicles (DMV) can be done in person or over the phone. Also, you are usually best served in permitting your DUI defense attorney to assist you with this process or at least guide you on where to go and what to say. Most of the time, in my experience, the restricted license will be automatically sent to you once you supply the DMV with what they require related to your DUI arrest. When you receive a DUI related offense, you lose some valuable privileges that the rest of us take for granted. When I meet with clients, I can see that they are frustrated by having so many restrictions and requirements heaped on them by the system.
I have to explain to my them that driving in California is a right and not a privilege. Sometimes it takes a minute for them to accept this and realize how powerful the courts and DMV truly are when it comes to your driver’s license. Sometimes it is tough for people to accept that when you get your drivers license, you have to submit to the rules of the road, the legislature and the courts. If you put yourself or others at risk by drinking alcohol and driving, then the courts have a lot of power to restrict your driving ability and even restrict your freedom under the appropriate circumstances.
Usually, if you are obtaining a restricted license based on a DUI you received in Los Angeles County, then you will need to file an SR-22 showing that you have the requisite car insurance, pay fees related to the issuance of the license, show proof that you are enrolled in an appropriate alcohol program and make arrangement to install an ignition interlock devise in the the car your drive. Typically it is advisable to go down to the DMV in person and ask them exactly what you need in order to obtain your restricted license.
How does an Administrative Hearing effect your ability to drive on a temporary driver’s license the police give you after an arrest? While your case is pending an administrative hearing, you are entitled to use the pink slip that the police gave you (after they took your physical drivers license away from you) for the first thirty days after your arrest. If your DMV hearing is pushed passed the thirty day period, then the DMV should send you a temporary license that is good until the DMV rules on your hearing and the possible suspension of your drivers license. It is always best to rely on the advice of your attorney as far as when you are entitled to drive, in conjunction with what the DMV tells you. Your attorney should also be able to assist you with getting an extended temporary drivers license if your DMV hearing is pushed passed the thirty day date.
If you are caught driving on a suspended or revoked license then the punishment can be harsh and include jail time. The DMV and the courts are in the business of protecting the community from those who drink alcohol and choose to drive a car. The legislature has given the courts and DMV wide latitude in enacting rules and sanctions for those who put other peoples lives in jeopardy. This is definitely not to try and take on City Hall by your self. You need the guidance of a seasoned DUI defense attorney!
The best way to defend your rights and make sure that you are treated fairly is to hire a local DUI defense attorney who knows the ropes and has successfully handled cases just like yours. When I meet with my clients, I have an objective of explaining to them how the system works related to their situation and what exactly they can expect moving forward. There is nothing worse than not know what is around the corner and what impact a DUI can have on your life. You will feel a sense of calm and peace of mind once you know what you are up against and what you can do to achieve the best possible result.
Once you know what you are up against and what you can do to help your attorney, then you can take back control of your life and begin the process of getting out of the system and free from its restrictions. There is light at the end of the tunnel, however you must be proactive in making sure you have a good attorney by your side and doing your part to make sure things go smoothly with your DUI case.