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Dui at 20. DMV not clear on Hardship license guidelines. Can i drive to and from community service?

Palmdale, CA |

I have to live in Long Beach CA (for my education) but when I was given a dui I lived in the AV almost 80 miles away. My community service and Classes are all in the Antelope Valley and I cannot re-locate them. First i was told by the Sacramento DMV office that I could drive back and fourth for community then I called again with a question and they said I could not apply for the license. There is no public transportation to and from longbeach nearby and for someone in my family to drive me to and from (there,back,there, and back) each time I had to do community service (total of 1909 hours) would certainly cost a large amount of money and therefore be a hardship? Any clear and concise reasons on why I couldn't drive myself just for this reason please?

Attorney Answers 4


  1. First I am not certain if you have been granted a restricted license for a hardship or if you are still trying to obtain one. However restricted licenses do not allow you to drive to community service work. Are you sure you cannot request the court to have your community service moved to Long Beach. Since both courts are in Los Angeles this should not be a problem. I have been able to assist clients in obtaining community service in other counties. I think that would be the easiest approach. If you run into trouble go back to the judge and explain the situation.
    Robert Driessen


  2. Mr. Driessen offers excellent advice regarding transferring your community service closer to Long Beach to cut down on the commute. Because you are under 21, you are not eligible to apply for a restricted license due to zero tolerance. Your license is suspended for one year, however you can apply through the DMV for a critical need to drive permit, pursuant to 13202.5 of the California Vehicle Code. I have had success in the past, getting my client's permission to drive more than just work and alcohol classes. I have had community service, doctor appointments, etc granted. You should definitely look into this. It must truly be a critical need though, or they will not grant it. You will need to produce bus and train schedules, proof of community service schedule, etc and attach it to your application. Best of luck.

    www.sandiegocriminaldefensefirm.com


  3. It appears from your answer that don't have the restricted license yet. As the other attorneys have mentioned, you can only apply for a "critical need to drive" license. The DS 694 application for this license can be found on the DMV website -- http://www.dmv.ca.gov/forms/ds/ds694.pdf. Having counseled other under-21 clients in this matter, I know that it is very difficult to obtain this type of license. You have to show either (1) you are a student with no available means of getting to school without a car OR (2) you work full time, you need to drive for work, and your family relies on your income for support. For the former reason, you will need to prove you can't get to school via public transport, i.e. buses, trains, etc.


  4. If you do not have a restricted license and you are caught, you will be charged with 14601.2 driving on a suspended license as a result of a DUI. This has a mandatory 10 days County Jail.

    Edward J. Blum
    213-479-5322

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