Restricted License After a DUI in Redwood City, California

Quick Answer

Yes – in most cases you can keep driving after a first DUI in California. Since January 1, 2019, you have two paths: get an IID restricted license immediately, or wait out a 30-day suspension and apply for a work-and-program restricted license. This page walks you through eligibility, both paths, the DMV steps, cost, and timeline for restricted licenses in Redwood City and across San Mateo County.

Two Paths to Drive Again After a First DUI in California

Since January 1, 2019, California gives first-offense DUI drivers a choice under SB 1046 and Vehicle Code §13353.6. You do not have to serve the traditional 30-day hard suspension if you don’t want to. Most people don’t realize this — including many attorneys’ websites that still describe only the old path.

Path 1 – IID Restricted License (drive anywhere, immediately)

Install a state-certified Ignition Interlock Device on any vehicle you own or operate, and you can drive anywhere, at any time, from day one of your suspension. No 30-day wait.

To qualify:

  • First DUI offense, no injury, no chemical test refusal
  • Install the IID at a DMV-certified installer and submit the DL 920 “Verification of Installation” form
  • File an SR-22 with the DMV through your insurer
  • Enroll in a DUI First Offender Program (DL 107)
  • Pay the $125 reissue fee (or $100 if you were under 21)
  • Maintain the IID for approximately 6 months from the reinstatement date

Path 2 – Restricted License After 30-Day Suspension (work + DUI school only)

If you don’t want an IID, you can wait out the 30-day hard suspension and apply for a work-and-program-only restricted license for the following 5 months. Same enrollment, SR-22, and fee requirements as above, minus the IID.

Which path is right for you?

The IID path keeps you fully mobile but adds installation cost (~$70–$150) and monthly monitoring fees (~$60–$80). The traditional path costs less but leaves you off the road for 30 days and restricted for 5 more. For most people with jobs, family, or medical commitments in San Mateo County, the IID path is worth the cost. We’ll walk you through the math during a free consultation.

Statutory basis: California Vehicle Code §13353.6 (APS IID restriction) and §23575.3 (court-ordered IID terms), enacted by SB 1046, effective January 1, 2019.

Am I Eligible for a Restricted License?

You are eligible if:

  • This is your first, second, or third DUI within 10 years (not a fourth)
  • You did not refuse the breath or blood test
  • You are not on court-ordered probation for a prior DUI
  • You have no other outstanding suspensions or revocations

You are not eligible if:

  • You refused chemical testing after arrest
  • You have four or more DUI convictions in 10 years
  • Your DUI involved injury or death (different license process – call for consultation)

Step-by-Step: How to Apply

  1. Request a DMV APS hearing within 10 days of your arrest. This is a strict deadline. Miss it and the automatic suspension proceeds. (See DMV hearing section below.)
  2. Choose your path – IID restricted or traditional 30-day suspension.
  3. Enroll in a DUI First Offender Program and get your DL 107 Proof of Enrollment.
  4. File an SR-22 through your insurance company.
  5. Install an IID (if choosing Path 1) at a DMV-certified installer and get the DL 920 form.
  6. Submit paperwork and pay the $125 reissue fee at your local DMV office. Redwood City residents typically use the San Mateo DMV or the Oakland Driver Safety Office for hearings.
  7. Receive your restricted license the same day at the DMV counter.

What It Costs and How Long It Takes

Item IID Path 30-Day Suspension Path
Time off the road 0 days 30 days
Total restriction period ~6 months ~5 months (after suspension)
DMV reissue fee $125 $125
IID installation $70–$150 Not required
IID monthly fee $60–$80 Not required
SR-22 filing ~$25 + insurance premium increase Same
DUI First Offender Program ~$500–$800 (AB 541, 3 months) Same
Where you can drive Anywhere Work + DUI program only

Second-Offense DUI Restricted License

If you have a second DUI conviction within 10 years and did not refuse testing:

  • Complete at least one year of your suspension
  • Install an IID and submit the DL 920 form
  • Clear all other suspensions or revocations on your record
  • Submit proof of enrollment in an 18-month DUI treatment program (DL 107) or completion (DL 101)
  • File an SR-22
  • Pay the $100 reissue fee plus $15 IID restriction fee

Third Offense and Chemical Test Refusal

If you have two or fewer prior alcohol-related convictions within 10 years, you can apply under the second-offense rules above. Three or more DUI convictions in 10 years disqualifies you from any restricted license.

If you refused the breath or blood test, you are not eligible for a restricted license during the refusal suspension period (1 year for a first refusal, 2 years for a second). A DMV hearing win can reverse the refusal finding – this is time-sensitive.

Commercial Drivers (CDL Holders)

If you hold a commercial driver license, you can apply for a restricted license to drive your non-commercial vehicle to, from, and during work if:

  • You were not operating a commercial vehicle at the time of the offense
  • You served the mandatory 30-day suspension
  • You pay the $125 reissue fee ($100 if under 21 under Zero Tolerance)

You will not be able to drive your commercial vehicle on a restricted license. If you were on court-ordered probation for a prior DUI and had a BAC of 0.01% or more, the DMV imposes an additional one-year suspension and no restricted license is available during that period.

Driving on a Suspended License (VC 14601.2)

If you are convicted of driving on a suspended license, you can apply for a restricted license by installing an IID for up to three years from the date of conviction.

What Happens at the DMV Hearing – and Why the 10-Day Deadline Matters

Your DUI arrest triggers two separate cases: a criminal case in San Mateo County Superior Court and an administrative case at the DMV. The DMV case is a race – you have 10 calendar days from arrest to request an Administrative Per Se (APS) hearing. Miss it and the 30-day suspension starts automatically.

A hearing win at the DMV means no APS suspension at all – no restricted license needed. Winning takes preparation: reviewing the officer’s sworn statement, the breath machine calibration records, the traffic-stop legality, and the chain of custody on blood evidence.

For Redwood City and San Mateo County arrests, APS hearings are handled at the Oakland Driver Safety Office. You do not have to appear in person – an attorney can appear on your behalf.

How Thomas Greenberg Handles Restricted License Cases in San Mateo County

Thomas Greenberg has practiced criminal defense in San Mateo County for [20+ years]. He handles restricted license cases by requesting the DMV hearing within the 10-day window, coordinating IID installation with certified local providers, reviewing the SR-22 filing to keep insurance costs down, and managing the DL 107 with the local DUI program providers so nothing falls through the cracks. If the case allows, he pushes for a DMV hearing win first – because no suspension beats any restricted license.

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FAQs

Here are some answers to some commonly asked questions.

Yes. Under Vehicle Code §13353.6 (SB 1046, effective Jan 1, 2019), a first-offense DUI driver with no injury and no chemical test refusal can install an IID and get an IID restricted license immediately, no 30-day wait.

Approximately 6 months for a first offense, 12 months for a second, 24 months for a third.

Refusal triggers a 1-year suspension (2 years for a second refusal) with no restricted license available. A DMV hearing win can reverse the refusal finding.

The DMV issues the license, but a DUI conviction in criminal court can trigger additional court-ordered IID terms under VC §23575.3.

Usually yes, but a DUI attorney can help you apply for a restricted license so you can keep driving for work, school, and DUI program.
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