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.
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.
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:
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.
You are eligible if:
You are not eligible if:
| 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 |
If you have a second DUI conviction within 10 years and did not refuse testing:
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.
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 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.
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.
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.
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.
The sooner you contact Thomas, the sooner he can start building your defense. Don’t risk your freedom, license, or record by going it alone.
Serving clients in San Mateo, Palo Alto, Redwood City, Santa Clara, and across the Bay Area Protect your future. Let Thomas Greenberg fight for you.
CALL NOW