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If I am granted a restricted driver's license, due to a DWI plead, how would I prove that I am heading to/from work?

Bakersfield, CA |

EXPANDED: If I am granted a restricted driver's license, due to a DWI plead, how would I prove that I am heading to/from work and to/from traffic school (I'm assuming this will be mandatory). I have heard that some folks are given "12-hour restricted licenses" will others get a "to and from work" license but I have school that I attend on Saturdays and have not seen any exceptions aside from the previously mentioned "to and from work" restricted licenses.

Attorney Answers 3


That would naturally depend on what kind of work you do. The DMV grants a restricted license to travel to and from work, during the course of work and to and from the drinking driver program. Some people who a self-employed (photography, carpenter, etc.) should carry a business card and work related tools. Some people who work at night need to consider a pay stub or other info that shows their hours. Most officers don't have the means or time to check up on what you're doing unless it is very obvious that you are not driving work-related. The most important thing is to have ZERO alcohol in your system while on DUI probation

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There is a lot of gray area when it comes to the restriced driver's license laws. In general, use common sense when it comes to proving that you're driving to, from, or during work. For example, if you go to the same place at the same time every day for work, and are caught driving at a different time in a far away location, it will be difficult to prove that you're driving is work related. Good luck.

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It may come down to if you're pulled over, what you tell the officer, where you are actually going, and what makes it into the report (if there even is one). Outside of that, it may just be your word versus their word, which you can prove by testifying and showing maps, job/class locations, travel routes, etc.

Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.

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