Restricted License

If you are charged with a DUI, you will likely have your license suspended. However, you may qualify for a restricted license. Most people can qualify, but there are certain cases in which prior arrests or convictions for DUI can result in not being eligible for a restricted license. If you have questions about getting a restricted license, you can consult James Novak. Mr. Novak is a skillful Phoenix DUI attorney who understands criminal defense and how to approach issues related to DUI charges, such as obtaining a restricted license.

Restricted licenses are usually available during license suspensions or revocations. A restricted license permits somebody to drive within the state of Arizona. However, as its name suggests, it only allows the person to drive to and from work, school, meetings with a probation officer, or counseling from his home. In other words, there are significant restrictions on this license, since it prevents you from driving to court and many other places. A restricted license doesn’t permit somebody to drive to places for fun or to any destinations not specified by the court.

The type of suspension you have received will affect the types of restricted license you can obtain. When the suspension is an administrative per se suspension because your blood alcohol content was at least .08% or you were arrested for a drug DUI, you can face a 90-day suspension. For thirty of those days, you cannot drive at all; however, for the rest of the 60 days you can get a restricted license.

You may also be able to get a restricted license after the first 90 days of the suspension where the suspension is the result of a violation of the Arizona implied consent law. To get this restricted license you need to go through complete substance abuse screening, post a certificate and install a certified ignition interlock device (IID).

A restricted permit is also available after 30 days of suspension where your license is suspended due to a first extreme DUI conviction. There can’t have been serious injuries related to the DUI. To get this restricted license, you’ll need to finish substance abuse screening and post an SR-22 certificate.

A seasoned DUI attorney can help you determine whether you may be eligible for a restricted license based on the circumstances of your case.

A restricted license would only be valid during the suspension or revocation of your regular license. To get a restricted license when you are subject to an administrative per se suspension, you’ll need to get in touch with the Arizona Motor Vehicle Division about your eligibility, and you can’t have other withdrawal actions pending. You’ll need to undergo screening. You’ll also need to install an ignition interlock device on all your vehicles and give proof of the certified installation of the IID. You’ll also need to follow any mandatory alcohol treatment programs and submit proof that you completed the program to the Arizona Motor Vehicle Division.

Restricted driver permits can only be issued where the suspension of the driver’s license happened because of a DUI or a violation of state-required liability insurance laws. There cannot be any other indication of a withdrawal action involving driving privileges.

You may not be eligible for a restricted license if you have an out-of-state license. This means that if you get a DUI as someone from out-of-state and your license is suspended for 90 days, you won’t be eligible for an Arizona restricted license. You’ll need to get through the 90-day period without driving. Additionally, your home state may take action on your license based on the Arizona DUI charge.

If you are concerned about your ability to obtain a restricted license following a DUI arrest, an experienced criminal defense lawyer can evaluate your situation. Mr. Novak represents defendants charged with DUIs and other crimes in the Phoenix area including in Mesa, Chandler, Gilbert, and across Maricopa County. Call him at (480) 413-1499 or contact us via our online form.