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Wet Reckless 12-hour Program enough for Restricted License?

La Mirada, CA |

I was convicted of a "Wet Reckless" and am currently enrolled in a 12-hour DUI program. I am waiting out my 4-month suspension, but am to a point where I may need the Restricted License instead.

Is the 12-hour class enough for the DMV to issue a Restricted License, or does applying for a Restricted change the class requirement?

Attorney Answers 2

  1. Short answer: you'll need to enroll in the full-blown first offender program. The shorter "wet reckless" class won't qualify for a restricted license.

    You're confusing the DMV administrative process with the criminal case.

    If your license was suspended by DMV for driving with .08% or greater blood alcohol, and you were 21 or older with no DUI convictions or suspensions, the suspension would last four months.

    In order to get a restricted license, you would have to wait until 30 days of full suspension has passed. You can then go to DMV with proof of enrollment in the first offender DUI program, plus proof that you will have auto insurance for the next three years, and pay a $125 fee. DMV will give you a restricted license for the five months following your 30 day "hard" suspension that lets you drive to and from work and the DUI school, and during work if your job requires driving.

    When you were convicted of the "wet reckless," there was no additional suspension, but the DMV suspension remains in effect. The judge ordered you to complete the 12 hour class as a condition of your probation, but that has no effect on the DMV suspension.

    Your DUI school may give you credit against the first offender class for the wet reckless portion you've already completed, or you may have to go back to court and ask the judge to order the longer class.

  2. I understand that your court case was reduced to a wet reckless. But, did you have an administrative hearing at DMV to contest a suspension ? If not, and is sounds as though you either did not have a hearing or lost your DMV hearing, the DMV suspended you for a four month period. If this is true, in order to request a restricted license after 30 days of your suspension, you will need to be enrolled in a level 1 (30 hour class) and have an SR 22 filed on your behalf. The 12 hour class is not enough to apply for the restriction.

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