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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


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.

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When does the suspension start? Is it before sentencing or after? I have to enroll in classes and I'm trying to get my license back as soon as possible.

Robert Lee Marshall

Robert Lee Marshall


I take it you aren't the person who asked this question, two years ago! There are two ways your license can be suspended: after a conviction in criminal court, and through the DMV administrative process. They work independently. When you're arrested for a DUI, the officer will usually take your license and give you a pink piece of paper, which is the DMV DS-367 form. If you don't contact DMV within ten days to request a hearing, your license will automatically be suspended 30 days after your arrest. If you request a hearing, DMV will allow you to drive, pending the outcome of the hearing. If you lose the DMV hearing, you have to serve a "hard" 30 day suspension before you're eligible for a restricted license. All of this assumes many things, including that you're 21 or older, this is a first offense, and you didn't refuse to take a chemical test. I'd suggest posting a new question with those specific details, instead of adding a comment to an old question. You're much more likely to get an answer. Keep in mind that laws can change over a two year period, too.


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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