You can request a hardship license in California by contacting the Department of Motor Vehicles (DMV) and filing the appropriate paperwork. You can only get a hardship license if you meet all eligibility requirements.
Generally, you must pay a reissue fee, complete a suspension period, enroll in a DUI (driving under the influence) program, and provide proof of financial responsibility. You may face other requirements in some situations.
A Los Angeles DUI lawyer can explain the steps to get back your license. An attorney can also help you deal with DUI accusations before you face a conviction and lose your driving privileges.
How Do You Apply for a Hardship License?
You can get a hardship license in California by completing the application process. This process involves:
- Completing and submitting your DMV application
- Making a $125 payment toward the reissue fee
- Submitting proof that you enrolled in a court-approved DUI school
- Showing proof that you have taken financial responsibility and purchased SR-22 insurance
Some California courts may also require you to enroll in Alcoholics Anonymous or another substance abuse treatment program to ensure that you are working on developing skills to limit your use of alcohol.
You may need to provide proof of enrollment in this kind of program. You can get legal answers about the application process from a criminal defense lawyer.
Where Can You Go with a Hardship License
Usually, you can only use a hardship license to drive to and from places like work, your DUI school, educational institution, or a health care facility where you are receiving treatment. If you drive outside these restrictions, you risk losing your hardship license.
Can You Lose Your Hardship License?
Because there are limitations to this type of license, if the police catch you driving to places you are not supposed to, you can lose your hardship license. You can also lose it by failing to complete a DUI driving program.
Can You Get a Hardship License if Your DUI Injured Someone?
Acquiring a hardship license will be far more difficult if someone sustained injuries in a DUI accident that you caused. The court sees people who cause injuries as more likely to engage in reckless driving while drunk.
A DUI attorney can help you handle CA Vehicle Code 23153 – Driving Under the Influence of Alcohol or Drugs Causing Injury charges before a conviction to protect your license.
Who Can Get a Hardship License in California?
According to the state’s laws on driving under the influence, you may only get a hardship license in California if you meet the required eligibility criteria. In order to qualify, you must:
- Face a first-time DUI offense
- Be 21 years old or older
- Have no subsequent DUIs on your record
- Not have your driving privileges suspended or revoked due to another wrongful reason
- Have taken the chemical sobriety test when requested (Including blood and breathalyzer tests)
Additionally, you can only apply for a personal driving license. You cannot file a request to get back a commercial driving license through this process.
Drivers with a past DUI charge reduced to a reckless driving offense in the last 10 years cannot go through the application process to receive a restricted license.
Even though a DUI offender may meet the above criteria, there is no guarantee that the court will approve such a license. A knowledgeable attorney on your side can enact persuasive techniques to show that you are the right candidate for a license.
When Should You Apply for a Hardship License?
Depending on your specific circumstances, a DUI attorney can provide advice on when best to apply. Generally, you should begin applying after you served a 30-day suspension period.
Note that the police may issue you a temporary license after a DUI arrest. You may use your temporary license for thirty days of driving following the issuance of the order. Once the thirty days have expired, your license gets suspended.
You can only pay the reinstatement fee and get a new license after you’ve served 30 days of suspension. Learn more about how to get a hardship license in California with your attorney.
Can a Minor Get a Hardship License?
If someone is under the legal drinking age when they get their first DUI offense, they may be able to acquire a Critical Need Restriction license. To apply for this license, the driver must complete an alcohol screening or pass a breathalyzer test with a BAC of .01 percent or more.
A Critical Need Restriction license is a type of hardship license. Drivers who wish to obtain it must also show that they have specific critical needs and that other forms of transportation are inadequate.
A critical need can be the necessity of getting to work to pay rent because there is no other way to get there. Individuals from rural areas or areas with unreliable public transportation may face this need.
Can You Get a License with an Ignition Interlock Device (IID)?
California allows many drivers to maintain their driving privileges if they install an IID on their vehicle after a DUI conviction.
What does an ignition interlock device do? These devices test your blood alcohol content (BAC) each time you turn on your vehicle. You can drive anywhere you want with an IID installed.
A licensed attorney can provide more information about ignition interlock devices as an option after a DUI conviction. You can secure this kind of restricted license if you:
- Provide proof of enrollment in a DUI program
- Provide evidence of financial responsibility through an SR-22 form
- File proof that you installed an IID
- Pay the $125 reissue fee
Note that you may work with a lawyer to handle a CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol charge before a conviction to avoid losing your regular license. An attorney can take steps to get your charges dismissed or reduced.
Find Out How to Get a Hardship License in California
Want to know how to get a hardship license in California? You need to request this license from the DMV after completing a mandatory 30-day suspension.
A lawyer can explain the limited driving privileges that come with this kind of license and discuss other options for handling a DUI charge. Call or complete our online contact form to schedule a free initial consultation.
