At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 886-6333

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Law Offices of Aaron Bortel

In this article, you will learn…

  • When you can get a restricted license after a DUI charge,
  • Whether you may lose your license after a DUI conviction, and
  • The difference between a DUI and a DUI for drug conviction.

Can I Get A Restricted Driver’s License In Marin County After A DUI Charge?

A DUI charge means that you’ve been arrested for a DUI and the District Attorney’s Office in Marin County has charged you with a drunk driving offense. Just being charged is not going to suspend your license right away, as long as you or an attorney that you hire requests an administrative per se hearing, which is also called the DMV hearing, within 10 days of arrest. You’ll be able to drive with full driving privileges while awaiting that hearing.

What will typically happen with the DMV hearing is that we keep you driving for a number of months after your arrest. If later suspended, you would have to do certain things in order to get a restricted license, such as…

  • Be enrolled in a DUI school,
  • Have a SR-22 insurance, which is additional high-risk insurance, and
  • Get an ignition interlock device. (unless you want to just have a work related license)

An ignition interlock restricted license allows you to drive anywhere, anytime you want. You could potentially get a work restricted license, which is typically for twice as long of a period as an interlock license. A work-restricted license would allow you to drive just to and from work and work-related driving. You would also need to go without any license for one month before you could get the work related license.

If you refuse to do a chemical test and the DMV upheld the refusal suspension at your hearing, you would then have your license suspended for a minimum of one year.

Will I Lose My Driver’s License In Marin County If I Am Convicted Of DUI?

There are two different places where we’re usually fighting for your driver’s license when you’ve been arrested for a DUI;

  • The court case, and
  • The DMV case, which is a civil case.

If you’re convicted of a DUI in court, the Marin County Court clerk’s office will send proof of conviction to the DMV mandatory actions unit. The DMV will send you a notice, which says that you’ve been suspended. Once you receive your notice, you can then apply for a work-restricted license one month after the conviction date or you can apply for an ignition interlock license right away.

It’s very important to have a good DUI lawyer who understands how these things work with Marin County, the DMV, and the court. Your DUI lawyer will be able to help walk you through this whole process and help minimize the amount of time you will go without a license.

The process can be complicated because the court hearing is a separate process from the DMV hearing, which is a civil case. There are two different suspensions that can happen as a result of this. This is why you want a lawyer who is experienced with DUI cases and the processes in place.

What Happens To My Driver’s License In Marin County After DUI Charge For Marijuana Or Other Drugs?

When you’re arrested for a DUI in Marin County, the police arresting you will take away your license and give you a pink sheet. This pink sheet is a temporary license and is good for 30 days. The DMV handles this pink slip in one of three ways:

  1. If your blood alcohol or breath alcohol level was 0.08 or greater, they can suspend your license and you would get a DMV hearing to challenge the suspension.
  2. If your blood alcohol or breath alcohol level was below 0.08, where there’s no alcohol in your system, you’re not going to be facing the same hearing.
  3. If the pink sheet indicates it is for drugs, the DMV will usually send you a notice stating your license is not suspended.

So, when you receive a notice that your license is not suspended, you can either keep your license or, if police took your license, you can get a duplicate license at no cost to you. However, you are still facing other potential actions as a result of your DUI for drugs.

The DMV can bring an action for you to determine whether or not you have an issue with drugs, which can be a hearing. This hearing would be to determine if you have an issue with prescription or illegal drugs and what steps are needed based on that determination.

There is also a separate court case where, if you do get convicted, you would be facing a license suspension for a minimum of six months. They don’t issue restricted licenses for DUI drug offenses because an ignition interlock can’t be used to detect drugs, only alcohol.

There’s a lot that goes on with DUI charges and convictions, which can become very complex. Having an experienced DUI lawyer to help you navigate these processes can really be the difference between losing your license for a day or for a year. Consult with them as soon as possible after your arrest so that you can make informed decisions.

For more information on Restricted Driver’s License In Marin County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

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Call Us 24/7: (415) 886-6333
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