Driving after a DUI in California: the Restricted license – Ignition Interlock Device (IID) restriction

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The officer confiscates the license and issues an 'Order of Suspension and Temporary License'; the temporary license is valid for 30 days from the date of arrest (§ 13382(b)). DMV states the driver has the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order, by contacting a local Driver Safety Office; under § 13558(b) a request made within 10 days of receipt of the notice entitles the person to a hearing before the effective date, and under § 13558(e) the request does not stay the suspension unless DMV cannot hold the hearing and decide within that time, in which case DMV stays the action and extends the temporary permit. DMV states a request for a restricted license cannot be considered at the hearing and that a hearing is not required to obtain a restricted license. No fee for the hearing is stated. Neither the statute nor DMV says wh

“You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside.”

Who can get it, and how soon

DMV's first-offender flyer states that a driver aged 21 or older whose license is suspended under Administrative Per Se (APS) for a first DUI arrest with a BAC of 0.08% or more (4-month suspension) may apply for a restricted license immediately with an IID, or after serving 30 days may apply for an employment/treatment-program restricted license; both require proof of enrollment in a DUI program, proof of insurance (SR 22) and a $125 APS fee, and a commercial driver license holder must downgrade to a noncommercial license. Cal. Veh. Code §§ 13353.6 and 13353.7 limit these to persons suspended under § 13353.2 (test result) with no separate DUI-related conviction or APS action within 10 years; a refusal suspension is imposed under § 13353 (one year), and neither the flyer nor the DMV DUI page lists a restricted option for refusals. DMV states a third or subsequent offense within 10 years i

“You may apply for a restricted license immediately with the installation of an IID. With this restriction, you may drive at any time to any place, so long as the vehicle is equipped with an IID. You will have this restriction for up to 4 months.”

APS track (test result 0.08% or more, first offense, age 21+): the officer issues an Order of Suspension and Temporary License allowing driving for 30 days; the 4-month suspension takes effect after those 30 days. DMV states the IID restricted license may be applied for 'immediately' (restriction up to 4 months), while the Employment/Treatment Program restricted license requires serving 30 days of the 4-month suspension (restriction up to 5 months); § 13353.7 likewise directs DMV to suspend for 30 days and then issue the restricted license for five months, and § 13353.6 allows the IID application on or after the suspension's effective date under § 13353.3. Refusal (§ 13353): one-year suspension for a first refusal, effective 30 days after notice; no restricted license is stated for refusals, so refusalDays is null. Conviction track (§ 23152, first offense): 6- or 10-month suspension; if

“You may apply for a license that restricts you to driving to, from, and during employment and to and from your DUI program for up to 5 months. To apply for this restricted license: • Serve 30 days of your 4-month suspension”

Conditions attached to the privilege

As stated on DMV flyer DL 1046A for the APS restricted license: visit a DMV office (appointment recommended); provide proof of enrollment in a DUI program; provide proof of insurance (SR 22); for the IID option provide proof of IID installation (form DL 920); pay a $125 APS fee. The IID is required only for the IID option; the Employment/Treatment Program option has no interlock. Under § 13353.6(a) the IID option also requires installing a functioning certified IID on any vehicle operated, submitting the Verification of Installation form, agreeing to maintain the device (serviced at least every 60 days), proof of financial responsibility maintained for three years, and payment of applicable reinstatement or reissue fees; failure to participate in the DUI program terminates the restriction. Post-conviction restricted licenses require proof of DUI-program enrollment, SR 22, a $55 reissue f

“To apply for this restricted license: • Visit a DMV offce (appointment recommended) • Provide proof of enrollment in a DUI program • Provide proof of insurance (SR 22) • Provide proof of IID installation (DL 920) • Pay a $125 APS fee”

Where and when it allows driving

IID restriction: driving at any time to any place, so long as the vehicle is equipped with an IID (up to 4 months during APS; until all reinstatement requirements are met after conviction). Employment/Treatment Program restriction: driving to, from, and during employment and to and from the DUI program (up to 5 months during APS; 12 months after conviction). Under § 13353.7 the restriction is limited to travel to and from program activities and to and from and in the course of employment.

“With this restriction, you may drive at any time to any place, so long as the vehicle is equipped with an IID.”

How it is issued

The licensing agency issues the Restricted license – Ignition Interlock Device (IID) restriction.

Official page: dmv.ca.gov

The statute: Cal. Veh. Code § 13353.6

“may apply to the department for a restricted driver’s license on or after the effective date specified in Section 13353.3, if the person meets all of the following requirements: (1) (A) The person satisfactorily provides proof of enrollment in a driving-under-the-influence program”