Legal Question in DUI Law in California

I was arrested for dui a few months ago and have already been to my sentencing and my dmv hearing. I had my license suspended for 4 months but from what I understand in California I can ask for a restrictd license after 30 days to get to and from work and/or school. I know that to do this I need to fill out an SR22 with my insurance and turn it in to the dmv. My question is how I go about getting the SR 22 and what I need to do to petition for this restricted license as it is essential as I am in my last semester of college and need my car to get to work because I work at 430 in the morning. I am so confused HELP!!


Asked on 8/26/09, 12:44 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Any insurance agent can get you an SR22. It is just a form pa insurance where DMV is notified if your insurance is canceled for nonpayment or any other reason.

In addition to the SR22, you will need proof of enrollment in a first offender DUI school. You can go to any DMV office and get your license reissued. I believe the fee is still one hundred dollars.

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Answered on 8/26/09, 12:57 am
Dave Jake Schwartz sonomacountyduilawyer.com

This can be complicated because of lots of bad advice out there, but the reality is that this should be very easy.

Three steps to the misdemeanor 1st DUI restricted license for adult California licensees, assuming no other problems with your DMV record causing stops or suspensions:

(1) Enroll in the DUI Program (the program sends proof of enrollment directly to DMV and can take a week or more to accomplish; ask your program when that will be accomplished following your enrollment);

(2) Contact your insurance company (or shop around for the best rates) and ask them to file an SR-22 directly with the DMV (this should only take hours, not days, for most drivers). Ask a lawyer for an insurance company referral if you are having difficulty; and

(3) Go to your local DMV field office on the 31st day (or thereafter) of your DMV administrative suspension and pay a "re-issue fee." DMV will give you a new temporary license and then mail you your plastic license (should look just like your original except for the restrictions printed on the reverse).

Everyone and every case is different, and timing of conviction vs. administrative suspension can affect the reactions of the DMV, insurance agents and the DUI program when you inquire about restricted licenses, but if you have wrapped up your DMV case and served your 30 days then in most cases one should be entitled to the restricted license. If you are having difficulty, contact a DUI lawyer.

If you live in Sonoma County and wish to retain the services of a lawyer, or browse detailed information such as the above, then visit my website at www.sonomacountyduilawyer.com

Good Luck,

Jake

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Answered on 8/26/09, 5:29 am


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