Cleaning Your Record

If you have a criminal record in California, there are several different ways to clear it and there have been recent changes in the law that help people clear their records. The most common method of clearing your record is a dismissal pursuant to Penal Code section 1203.4, commonly known as an “expungement”. Other methods of clearing up your record include:

• Reducing your felony wobblers to misdemeanors (Penal Code section 17b)
• Petition for factual innocence (Penal Code section 851.8)
• Petition to seal arrest records (Penal Code section 851.91)
• Motion to withdraw plea (Penal Code section 1018)
• Petition to vacate conviction (Penal Code section 1473.7)
• Sex Offender Registration Removal (Penal Code section 290.5)
• Certificate of rehabilitation (Penal Code section 4852.01 )
• Petition to reclassify a felony as a misdemeanor (Penal Code section 1170.18, aka Proposition 47 )
• Petition to decriminalize or reduce marijuana convictions (Health & Safety Code section 11361.8, aka Proposition 64 )

Each of these methods can only be used under specific circumstances and each method leads to different results. If you’re thinking about clearing your arrests and/or convictions in California, you need to speak with an experienced and knowledgeable criminal defense attorney that understands all the different options and can choose the one that’s best for you.

If you have been convicted of a crime, you can have your conviction dismissed through Penal Code sections 1203.4, 1203.4a and 1203.41. This is commonly known as an “expungement”. An expungement allows a defendant to withdraw his guilty plea, enter a not-guilty plea and then have the case immediately dismissed.

A defendant’s criminal record will then show that the case has been dismissed. Once a defendant expunges his criminal conviction, he is allowed to state that he has not been convicted of a crime with a few exceptions. In fact, California Labor Code section 432.7 forbids employers from asking employees about crimes that were expunged and prevents employers from discriminating against anyone based on an arrest that did not result in a conviction.

Almost any conviction where a defendant was not sent to state prison can be expunged There are a few exceptions to expungements that relate to certain sex crimes, and there are certain infractions that cannot be expunged either. The following is a list of crimes that can or cannot be expunged.

• All convictions where a defendant was sent to state prison for a felony that is not subject to 1170h CANNOT be expunged
• All convictions where a defendant was sent to either county prison or given probation can be expunged EXCEPT certain sex offenses
• All infractions can be expunged EXCEPT those involving the Vehicle Code

If a defendant was given probation or sent to prison, then the conviction can be expunged after successfully completion probation or prison. If a defendant was not granted probation or sent to county prison, then the conviction can be expunged one year after the date of sentencing, as long as all the sentencing terms have been completed.

However, a defendant cannot apply for an expungement if currently charged with the commission of another offense, if on probation for another offense or if serving the sentence for another offense.

If an expungement is granted, the defendant can state that they have not been convicted of that crime. If the expunged crime was the only crime on a defendant’s record, then a defendant can state they have never been convicted of a crime. A defendant is allowed to make these statements on any job application. However, even after an expungement, a person must disclose that they have been convicted of crime when asked in any application for public office or any application for professional license. Furthermore, an expungement does not affect any revocation or suspension of a person’s driving privilege, pursuant to California Vehicle Code section 13555.

An expungement does NOT erase the firearm prohibition if the underlying conviction prevented a person from possessing, owing or using firearms. Expunged convictions can still be used as priors to enhance sentencing. And finally, the US Citizenship and Immigration Service can still consider expunged convictions in evaluating a person’s immigration status.

The chances for a successful expungement depend on the type of crime being expunged and whether the defendant has successfully completed all the terms of sentence. Probation violations or new crimes will reduce the chances of a successful expungement. Furthermore, certain crimes are harder to expunge than others.

Our attorneys have a 99% success rate with expungements, even ones where the defendant had problems with their case. Our office has an excellent record because we take the time to review each case and we make sure the paperwork is filed perfectly. If necessary, we go to court and argue for the expungement in front of the judge. As former prosecutors and public defenders, we have each handled hundreds of expungements successfully.

In California, there are crimes that can be charged as misdemeanors or felonies depending on the extent of the crime. These crimes are called wobblers. For example, grand theft is any theft over $950. If someone committed a theft for $951, the prosecutor may charge the crime as a misdemeanor. However, if someone committed a theft for $951,000, then the prosecutor would charge that crime as a felony. A felony grand theft conviction is a wobbler. Not all felony convictions wobble. Rape is a straight felony. It can never be charged as a misdemeanor.

If a defendant has been convicted of a felony that wobbles, they can petition to have their felony reduced to a misdemeanor under Penal Code section 17b under most circumstances. In the past, 17b relief was not available to defendants who went to state prison or who had suspended state prison sentences. Recent changes in law now allow some defendants who went to state prison to apply for 17b relief; and anyone with a suspended prison sentence can also apply for 17b relief. A defendant can petition for 17b relief at any time – even before probation has been completed. Once a felony is reduced to a misdemeanor under Penal Code section 17b, it is a misdemeanor for all purposes. This is especially important to restore firearm possession rights.

Sometimes people are accused of crimes they didn’t commit. In those instances where a defendant was arrested, but never convicted of a crime, the defendant may file a petition for factual innocence pursuant to Penal Code section 851.8.

These petitions are also commonly referred to as motions to seal arrest records because if the petition is successful, the court orders the Department of Justice to seal your arrest records so that nobody is allowed to know you were arrested in the first place.

Penal Code section 851.8 has different procedures for a person who was arrested, but never charged with a crime as opposed to a person who was charged with a crime, but never convicted of the crime. If a person was arrested, but never charged with a crime, the deadline to file a petition is two years from the date of arrest. A petition can technically be filed at any time within two years, but strategically, a petition to seal arrest records should only be filed after at least one year has elapsed, which is the statute of limitations is misdemeanor cases.

Once the petition is filed, it may take 70 days or more for a hearing to be calendared so that both parties may present evidence before a judge.

There are other options for a person that was arrested but never charged with a crime. Penal Code section 851.6 allows a person to petition the arresting agency to change the record of their arrest to a detention.

If a person was charged with a crime, but never convicted of a crime, then a motion for factual innocence can be obtained anytime after the dismissal or acquittal of the charges. If the charges were dismissed or the defendant was acquitted of the crime, the court can grant a motion for factual innocence at any time with the prosecutor’s permission. However, even if the prosecutor does not agree to a motion for factual innocence, the defendant can file a petition for factual innocence and request a hearing on the matter.

If a petition for factual innocence is granted through Penal Code section 851.8, then the person’s arrest records are sealed for three years by the Department of Justice and by every law enforcement agency in the state. After three years, the records and the petition itself are destroyed. Once the petition for factual innocence is granted, then a person may state that he has never been arrested for that particular crime. If that was the only arrest suffered, then a person may claim he has never been arrested at all.

There is a difference between being “not guilty” of a crime and being “innocent” of a crime. The former implies that the prosecution did not have enough evidence to convict the person, but the latter means that the person really didn’t do the crime. Once factual innocence has been granted, the person may claim he is truly innocent.

Petitions for sealing arrest records and factual innocence are very difficult to win. As mentioned before, there’s a difference between being “not guilty” and being “innocent”. There are several cases where the prosecution believes someone has committed a crime, but cannot prove that they have committed the crime beyond a reasonable doubt, which is a very high burden of proof. Prosecutors rarely dismiss charges because they believe somebody is actually innocent, and when a person files a petition for factual innocence, the District Attorney’s office will almost always oppose the motion.

Furthermore, when the petition for factual innocence comes before a judge, the defendant / petitioner has the burden of proof. Normally, in a criminal case, the prosecution must bring all the evidence that a defendant is guilty. A defendant doesn’t have to do anything. In a petition for factual innocence, it’s the other way around. The defendant / petitioner must bring forth evidence that they did not commit the crime. Usually this requires something more than just the defendant’s word. Actual evidence of innocence must be shown.

Although these motions are difficult to win, our office has a very high success rate in getting the arrest records sealed. However, our office’s success rate is based on the fact that we don’t file these motions in every case. Our attorneys thoroughly review a defendant’s case and only if we believe there is a chance of succeeding, will we file a petition for factual innocence. Our office will NOT encourage these motions if we don’t think we can win. We don’t want to waste your time and money.

The Consumer Arrest Record Equity Act, also known as the CARE Act, became effective January 1, 2018. The CARE Act allows for arrest records to be sealed under Penal Code section 851.91 in an easier fashion than having arrest records sealed under Penal Code section 851.8 (see above). The CARE Act requires the court to seal arrest records in certain cases and gives the court discretion to seal arrest records in other cases. There is no finding of factual innocence necessary. However, there are limitations to the relief provided by the CARE Act. Arrest records sealed pursuant to Penal Code section 851.91 are not deleted from law enforcement databases, are still available for law enforcement access, can still be used in future criminal prosecutions, must still be disclosed to licensing agencies, applications for law enforcement employment and applications for public office. However, these arrest records, once sealed, cannot be shared with anyone outside the criminal justice system and defendants can otherwise state they have never been arrested. The purpose of the CARE Act is to provide relief to defendants with respect to employment and other non-criminal issues.

People in the following situations are eligible to have their arrest records sealed pursuant to Penal Code section 851.91:

• Arrested but charges never filed
• Charges filed but case dismissed
• Charges filed but defendant acquitted
• Defendant convicted but charges reversed on appeal

However, the CARE Act does not allow people who have intentionally evaded prosecution to seal their arrest records under Penal Code section 851.91. Also, defendants who have been charged with murder or any other crime that does not have a statute of limitations cannot have their arrest records sealed under Penal Code section 851.91, unless they were acquitted or found factually innocent of the charges.

The earliest that a petition to seal arrest records can be done is after any statute of limitations has expired and there is no chance that charges can be filed, or re-filed. There is no deadline to seal arrest records under 851.91 however, unlike a factual innocence motion which has to be done within two years of the arrest. The petition to seal arrest records under Penal Code 851.91 must be served upon the prosecutor at least 15 days in advance of the hearing.

Penal Code section 851.91 allows a person to state that they have never been arrested and prevents sealed arrest records from being disclosed outside the criminal justice system. However, there are lots of exceptions as to who has access to these records. First, arrest records are marked “sealed’ but they are not deleted from any law enforcement database. All law enforcement and court personnel still have access to these arrest records. The records can be used as part of future criminal prosecutions and must be disclosed in applications for professional licensing and public office, and employment with law enforcement. Also, sealing arrest records under the CARE Act does not allow a prohibited person from having access to firearms. The primary purpose the CARE Act is to help people clear their “consumer” record, not their “criminal” record.

The good news is that these petitions are lot easier to win than petitions for factual innocence under 851.8. In most cases, the court has to grant these petitions as long as the petitioner can demonstrate they meet all the various requirements of 851.91. There are some cases – petitioners accused of domestic violence, child endangerment or elder abuse who also have a history of those crimes – where the court can exercise discretion. Even in those cases, however, a petitioner can get their arrest records sealed if they can show that this relief is in the “interests of justice”. In either scenario, it’s important to have a knowledgeable attorney preparing the petition and arguing it before the court.

California Penal Code section 1018 allows a defendant who pleads guilty to change his mind and withdraw his guilty plea under certain circumstances. This type of motion is different from an expungement. If a defendant withdraws his plea under Penal Code section 1018, then the case is not dismissed. Instead, the clock is turned back and defendant is placed in the situation he was in before he pled guilty – he still has a pending criminal case. Penal Code section 1018 plea withdrawals are commonly sought in situations where a defendant was pressured to plead guilty against their will or forced to accept a plea bargain that they did not fully understand.

If a defendant was granted probation, then he may withdraw his plea within six months of probation being granted. If a defendant was not granted probation, then he may withdraw or on before the time of judgment (which is the sentencing date in most cases).

If a plea is withdrawn under 1018, then a defendant’s sentence is cancelled and the defendant is taken back to the time right before he pled guilty. That means, the defendant’s case starts over again from the time right before he pled guilty. The danger of a successful plea withdrawal is that a defendant could get a harsher sentence than the one they originally got. There are no promises or guarantees that the case will turn out to be better.

When our criminal defense law office reviews your case with you, our attorneys will point out that there’s no point in getting a plea withdrawal unless there’s a plan to get a better deal in the criminal case. Criminal cases are like chess games – you have to think several steps ahead. Our excellence as a criminal defense attorneys is apparent in our planning and our attention to detail.

Plea withdrawals under Penal Code section 1018 are difficult. The courts don’t like to give people second chances and turn the clock back on a case. The chances for withdrawal first depend on whether there is “good cause”. A defendant cannot withdraw his plea for any reason. He must have “good cause” as to why the court should allow his plea to be withdrawn. “Good cause” includes several different reasons, but you need to speak with an experienced criminal defense attorney who has done these motions to know whether there is “good cause” in a plea withdrawal.

After “good cause” is shown, the second hurdle is whether the defendant was represented by an attorney at the time he pled guilty or whether he pled guilty without the assistance of counsel. If a defendant did not have an attorney representing him, then the judge must grant a plea withdrawal if “good cause” is shown. However, if the defendant had an attorney with him, then it is within the court’s discretion whether to grant a plea withdrawal, even if “good cause” is shown.

Each of our attorneys has personally prepared and argued several motions to withdraw pleas. The key to our high success rate is preparation. Our attorneys will take the time to review your case in detail, thoroughly prepare the written motion and passionately argue the motion in court. Your best chances of success are with the right attorneys on your side.

In California, sex offender registration is always for life. Previously, relief from sex registration required a Certificate of Rehabilitaiton (see below), but as of July 1, 2021, a Certificate of Rehabilitation does not provide sex offender relief. Now, Penal Code section 290.5 is the only law that allows defendants to apply for relief from sex offender registration. There are three tiers of sex offender registration.

Tier 1 involves misdemeanor sex crimes, such as misdemeanor sexual battery (PC 243.4), indecent exposure (PC 314), misdemeanor annoying / molesting a child (PC 647.6(a)) and misdemeanor possession of child pornography (PC 311.11). Tier 1 also involves most felony sex crimes that are not strikes. Tier 1 offenders can apply for registration removal after 10 years.

Tier 2 offenders involves felony sex crimes that are strikes and certain other felonies including incest (PC 285), a second violation of annoying / molesting a child (PC 647.6(c)) and crimes against incapacited victims that involve sodomy (PC 286), oral copulation (PC 287) or penetration by foreign object (PC 289). Tier 2 offenders can apply for registration removal after 20 years.

Tier 3 offenders involve repeat offenders where the second conviction for a registerable crime was a violent felony. Tier 3 offenders are required to register for life.

A certificate of rehabilitation is a court order that declares a defendant has been deemed “rehabilitated” and it serves as an application to obtain a pardon from the Governor’s office. This is the only avenue of relief available to individuals who were sent to state prison. If granted, a Certificate of Rehabilitation constitutes an application for a Governor’s Pardon. If a person lives in California, they must first obtain a certificate of rehabilitation before applying for a pardon. Individuals who live outside of California or who are ineligible for a certificate of rehabilitation must use a direct pardon application. As of July 1, 2021, a Certificate of Rehabilitation no longer eliminates registration as a sex offender. The only way to be removed from sex offender registration is through Penal Code section 290.5.

Penal Code section 4852.01(a) allows any defendant sent to prison (either state prison or 1170(h)) to apply for a certificate of rehabilitation. Penal Code section 4852.01(b) also allows any defendant convicted of felony or misdemeanor sex offense that has had their conviction dismissed pursuant to PC 1203.4 to apply IF they have not served any time in jail since the dismissal of their conviction, are not on felony probation, and can prove five years of continuous residence in California prior to their application.

Penal Code section 4852.01(c) and (d) specify that certificates of rehabilitation are not available to defendants serving death sentences or life parole, or in military service. A certificate of rehabilitation is also not available to defendants convicted of Penal Code sections 269, 286(c), 287(c), 288, 288.5, 288.7, 289(j) or the former 288a(c), unless there are “extraordinary circumstances.”

Pursuant to Penal Code section 4852.03, a defendant must wait for a certain period of time before applying for a certificate of rehabilitation. The time period begins from the date a defendant was released from custody or parole or probation, whichever is sooner. The time period depends on the crime:

• 5 years for almost any crime (used to be 7 years)
• 10 years for any crime requiring registration as a sex offender (there used to be exceptions that would allow 7 years)

However, pursuant to Penal Code section 4852.22, a court may grant a certificate of rehabilitation before the required time period, in any case where it is in the “interests of justice” but this rule does not apply to 290 registration cases.

A sex offender who seeks a certificate of rehabilitation cannot have spent any time in jail or prison since the underlying sex offense; must currently not be on felony probation at the time of the application for a certificate of rehabilitation and must show proof of residency within California for at least 5 years preceding the application.

For more information about whether a defendant qualifies for a Certificate of Rehabilitation, please contact our office

Expungements are helpful but rarely provide immigration relief. Motions for factual innocence are always helpful, but are not always available, especially in cases that are over two years old. When old criminal convictions hurt a person’s immigration status, then a motion to vacate conviction may be the only viable option for a defendant to get immigration relief.

A motion to vacate conviction allows a defendant to have his underlying conviction ruled invalid and once the conviction is ruled invalid, it no longer can be used against them in immigration courts. In the past, the courts had severely limited the time in which these motions could be filed. However, Penal Code section 1473.7, which became effective January 1, 2017, now allows a defendant to attack any previous conviction by showing that either (a) the defendant was not properly advised of his immigration consequences at the time of the plea or (b) there is new evidence proving the defendant’s innocence. This statute expands the power to vacate convictions that was allowed by Penal Code section 1016.5. 1016.5 only allowed the court to vacate a conviction if the judge did not give the proper immigration advisement on the record. However, 1473.7 allows a conviction to be vacated if the defendant received improper information from anyone, including his or her own attorney.

Currently, the laws regarding immigration consequences are well-known, but the laws are constantly changing. It is important to hire an attorney that is up to date on immigration consequences for criminal convictions. Our attorneys constantly attend seminars, consult with immigration attorneys and review literature dealing with immigration consequences for criminal defendants. The best option, of course, is to retain the right criminal lawyer ahead of time, to avoid being convicted of a crime that has immigration consequences. Whether it’s a pending case or a past one, our attorneys have the knowledge and experience to help you achieve the best immigration results.

Choose a criminal defense attorney with the intelligence, knowledge and experience necessary to clear your record quickly and effectively. All of our attorneys are Super Lawyers™. With officesthroughout Southern California, our attorneys have criminal defense experience in the counties of Orange, Los Angeles, San Bernardino and Riverside.

In California, the Implied Consent Law states that if you refuse to take a chemical test after you are arrested for a DUI, you will lose your driver’s license for one year (or more if this is not your first DUI). This one year license suspension may apply even if you later win your DUI case. The only way to get around this suspension is to fight it at the DMV hearing.

Just like in regular DUIs, you have 10 days from your arrest to request a DMV hearing The procedures for this DMV hearing are the same as for a regular DUI, but the issues in a refusal DMV hearing are different. The DMV must show:

(1) The officer had reasonable cause to believe you were driving under the influence;

(2) The officer had probable cause to arrest you;

(3) You refused to take a chemical test after arrested;

(4) The officer read you the admonition about refusing to take a chemical test before your final refusal.

These hearings are difficult to win, but in most cases, you need to request the hearing in order to have a chance at keeping your driver’s license. If you lose the hearing (or never have the hearing at all), you will lose your driving privilege for one year. There are no exceptions and there are no restrictions. In a regular DUI, you can apply for a restricted license after 30 days of suspension. In a refusal DUI, you are struck with a suspended license for at least one year – you can only apply for a restricted license after one year.

Not only are there consequences for a DUI refusal with respect to your driver’s license, there are also consequences for a DUI refusal with respect to your criminal case. First, prosecutors usually request higher penalties when you refuse to take the chemical test. They will require that you take the 9-month first-offender DUI program, which is the longest of first-offender DUI programs. Second, in some counties, prosecutors will add jail time to the penalty. A skilled DUI defense attorney can negotiate the District Attorney’s office to minimize these extra penalties.

Furthermore, a refusal can be used against you if you decided to take your case to trial. The law allows the District Attorney’s office to argue that refusing to take a chemical test is “consciousness of guilt”. In other words, the prosecutor argues to the jury that innocent people wouldn’t refuse to take a test that could prove their innocence. Only guilty people refuse to take chemical test because they know they’re over the limit. This is a powerful argument in the prosecutor’s hands and if you want to go to trial, you need a creative criminal defense attorney that can convince the jury there’s a good reason why an innocent person would refuse to take the chemical test.

When a person is arrested for a DUI the police take away their driver’s license and issue a pink temporary driver’s license that lasts for thirty days. When that temporary license expires, a person’s driver’s license is automatically suspended for four months or longer, depending on the circumstances of their case. Most people cannot afford to lose their license for such a long period of time. A good DMV hearing lawyer knows how to maximize your chances of keeping your driver’s license.

The law allows a person to request a DMV hearing (also known as an admin per se hearing), within ten days of their arrest, to fight the license suspension. Once the request is made, a hearing date and time is set at a special DMV office called a “driver safety office”. There are only fourteen driver safety offices in the entire state of California. For all DUIs occurring in Orange County, the DMV Hearing is held at the Orange Driver Safety Office. For all DUIs occurring in Riverside County or San Bernardino County, the DMV hearing is held at the San Bernadino Driver Safety Office. For all DUIs occurring Los Angeles County, the DMV hearings are held at one of three Driver Safety Offices – City of Commerce, El Segundo or Van Nuys – depending on the location of the DUI.

Sometimes the hearing date is set after the temporary license expires. At Peace Love and Law, our DUI defense team will make sure that your temporary license extends until the date of the hearing – even if the hearing is more than 30 days after your arrest.

The DMV hearing is an administrative hearing which means it functions differently than a criminal case. DMV hearings are very informal in nature. When you show up for your DMV hearing, you are taken to a small office where you sit across the desk from the DMV hearing officer who decides what happens in your DMV case.

DMV hearings are difficult to win for several reasons. First, DMV hearing officers act as both prosecutors and judges. They get to ask you questions and they’re the ones that decide whether you win/lose the hearing. Second, these DMV hearing officers are not lawyers, but they get to decide legal matters – often against the client. Another problem with DMV hearings is that the standard of evidence is much lower than in a criminal case. In criminal court, the prosecution must prove you guilty beyond a reasonable doubt. At DMV hearings, the DMV only needs to prove their case by a preponderance of the evidence. Finally, DMV hearing officers are allowed to rely on hearsay – they don’t need the police officer to testify – they can simply use the police report.

The issues at a DMV hearing are as follows:

1. Did the officer have reasonable cause to believe you were driving under the influence of alcohol?
2. Was there probable cause to arrest you?
3. Was your blood alcohol level .08% or higher at the time of driving?

The DMV doesn’t care about whether you’re “under the influence” of alcohol. They only care about your blood alcohol level.

In a refusal case, the issues are slightly different.

The first two issues remain the same but:

• Were you warned that you would lose your license for a year if you refused or failed to complete the chemical test?
• Did you refuse or fail to complete the chemical test?

Even though DMV hearings are difficult to win, there is no harm in requesting a DMV hearing. In fact, the penalty for losing a DMV hearing is the exact same as the penalty for not having the hearing at all.

If you lose a DMV hearing, then it might still be possible to get your full license back with an IID or to get a restricted license that allows you to travel to work, school, court, court-ordered programs and medical appointments.

If you lose your DMV hearing in a DUI case, the DMV will suspend your driving privilege. Typically, in a first-time DUI with no accident and no refusal, you will lose your license for four (4) months if you lose the DMV hearing. There are two options for getting your license back after you lose the DMV hearings: (1) ignition interlock device (IID) installation or (2) restricted driver’s license. Both options will require an SR-22 insurance, enrollment in a DUI program and paying a re-issuance fee.

For any DUI that occurred on or after January 1, 2019, you can get your license back with the installation of an Ignition Interlock Device (IID) on your car. The IID is similar to a breathalyzer that attaches to your ignition and in order to start your car, you have to blow into the breathalyzer. If the IID detects alcohol in your breath, your car will not start. The IID must be on every car that you drive. The IID must remain on your car for four (4) months but there are no restrictions on travel. You can drive anywhere and for any purpose as long as an IID is on your vehicle. If you get the IID before your license suspension start date, then you can go to the DMV to get your license immediately and can drive without ever having your license suspended, as long as you complete all the other requirements of Option 1. The IID will cost approximately $75 to $150 to install and then approximately $60 to $80 per month for monitoring and calibration. There are many different IID providers and you can Google “IID provider” in your county to find the one closest to you.

There are various reasons why someone might not want to get an IID. One common reason is that they don’t want their friends or clients to know that they have been arrested for a DUI. However, if you do not want to install an IID, then the only other way to get your license back is to get a Restricted License. With this option, you have to serve at least 30 days of your suspension before you can acquire the Restricted License. After 30 days of suspension, you can go to any DMV to get the Restricted License (as long as you complete all the other requirements of Option 2). The Restricted License will only allow you to drive for work, school and your DUI program. You cannot drive for any other reason, including taking your children to school. The restricted license will last at least five months. However, it may last longer depending on what DUI program you’re taking. You cannot get your full license back until you complete your DUI program. So, if you’re taking the 9-month DUI program, then your license will be restricted longer than if you’re taking the 3-month DUI program. See below for details on the DUI program.

Both Options 1 and 2 have three other requirements: a) SR-22 insurance, b) DUI program and c) re-issuance fee.

a) SR-22 is a special type of insurance required by California for people that get a DUI or too many points on their record. It is an insurance that you have to acquire on top of your regular insurance. Your regular insurance provider can give you an SR-22, but your rates will most likely go up if you tell your insurance company you need an SR-22. There are some after-market insurance companies, like Breathe Easy Insurance, that sell SR-22s to people arrested for DUI. It might be possible to get your SR-22 insurance from another company without your current insurance company finding out about your DUI and raising your rates, but you would need to check with the insurance company you purchase the SR-22 from to see if that’s possible. Once you purchase an SR-22, the insurance company will electronically update the DMV, making you eligible for either Option 1 or 2.

b) You will have to enroll in and complete a DUI program to get your license back after it’s been suspended by the DMV. For first time offenders, you will need to either complete a 3-month program (if your blood alcohol level is less than .20%) or a 9-month program (if your blood alcohol level is .20% or more). This will be the same DUI program that the court will require you to complete if you are convicted of a DUI. (Sometimes the court may require you to complete a 6-month DUI program if your blood alcohol level is .15% to .19%.) In order to get your license back, you just need to enroll in the program. Once you are enrolled in the program, the program will electronically update the DMV, making you eligible for either Option 1 or Option 2. However, after you have enrolled, you need to continue to attend the program and eventually complete it, in order to keep your license. If you are ejected from the program because you missed too many classes or didn’t make your payments to the program, then the DMV will be notified and your license will be suspended again.

c) You will be required to pay a re-issuance fee to the DMV. You can pay that at the DMV when you apply for your license. Typically the re-issuance fee is $125 to $140.

Option 3 – You can choose not to get your license back and serve out the full four (4) month suspension. However, even then, you will need an SR-22 and a re-issuance fee to get your license back after the suspension.

In addition to losing your license after losing a DMV hearing, you can lose your driver’s license again if you are convicted of a DUI in court. Please consult with our office to see how your DUI conviction can impact getting your license back.