Can I get a restricted license even though I did not attend DMV hearing?

Asked over 2 years ago - Irvine, CA

It is my first DUI, and my court date was 7/2. I was going to plea not guilty for my case, so I requested a DMV hearing. But, after my friends advice, I decided to plea guilty on the court and get it over with. The problem is, my dmv hearing date was set already (7/24), and I had to go abroad for 2 months (coming back 8/22). I could not attend dmv hearing. My questions are:
1. Has the one month restriction period (cannot drive AT ALL) applied to me already, so I could apply for a restricted license (the one I can get for work, school, and driving school)?
2. or Should I wait out the one month restriction period starting from my dmv hearing date (which I missed)

Attorney answers (3)

  1. Aaron Reuben Bortel


    Contributor Level 12


    Lawyers agree

    Answered . When you get back to the U.S. you will probably have a letter in the mail from DMV that states you lost your DMV hearing (Administrative Per Se hearing) and your license suspension will begin on a specific date. After serving 30 days of that suspension, you can apply for a restricted license if you pay a re-issue fee, have proof of enrollment in a 3 month DUI School and have an SR-22 (specific DUI related insurance) on file with the DMV.

    The DMV hearing officer will probably start the suspension date within a week or two of your hearing date. They will most likely not look at the court conviction date and will not backdate the start of the APS suspension to that same court conviction date.

    The restricted license is only for driving to and from work, while working, and to and from the DUI School. It is not for driving to any other school or counseling.

    If you did not receive one already, there should also be a letter from DMV in Sacramento stating that you were convicted in court of a DUI and you are suspended for six months. It will say you can get a restricted license right away, as long as you pay the fee and have proof of DUI School enrollment and SR-22. You will want to wait until the first 30 days of the other suspension (DMV hearing/APS suspension) is over before applying for your restricted license.

  2. Mark K Rosenfeld

    Contributor Level 15


    Lawyer agrees

    Answered . The dmv should have sent you notice if and when the license was suspended and when you could get it back. Call mandatory action to confirm the status of you license.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  3. Benjamin Russell Anderson

    Contributor Level 11

    Answered . I agree with my colleagues, you'll have a letter in the mail stating the specific dates of suspension, and when you will be eligible to apply for the restricted license. I imagine by the time you get back, you won't have much longer until you can get the restricted license.

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