MVC §13353.7 allows a restricted license if the license has not been suspended or revoked pursuant to Section 13353 or 13353.2 for a DUI offense which occurred on a separate occasion within seven years of the occasion in question and, if the person subsequently enrolls in a program described in Section 11837.3 of the Health and Safety Code, pursuant to subdivision (b) of Section 23538, that person, if twenty one years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license limited to travel to and from the activities required by the program or to and from and in the course of the person’s employment, or both.

A person seeking restricted driving privileges under MVC § 13353.6 for a restricted commercial driver’s license must have no prior reckless driving or DUI offenses.


The Basic Requirements for Getting a Hardship License

If you were convicted in court of the DUI charge, you may still obtain a restricted license.

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003…increasing over the years) a $125 reissue fee after a mandatory 30-day suspension, you may then request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.

Concerning students and hardship, under the law the application for a junior driving permit shall be accompanied by a signed statement from the school principal verifying inadequacy of school transportation to attend school activities, or a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the family illness emergency. Also, the application may contain a written statement from a parent or guardian verifying the need to drive to a job necessary to the family’s support in writing.

Under MVC § 13352 et seq., instead of suspending the person’s driving privilege, the department of motor vehicles shall issue a restricted license upon receipt of an abstract of record from the court certifying that the court has granted probation to the person based on the conditions specified in paragraph (2) of subdivision (a) of, and subdivision (b) of, Section 23538.

Further, after completion of a certain length of the suspension period, depending on the sentence, the person may apply to the department for a restricted driver’s license, subject to the following conditions:

(A) The person has satisfactorily provided, subsequent to the current underlying conviction, either of the following:

(i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.

(B) The person agrees, as a cond Articles are to give the reader a general description of certain areas of the law. Legal advice is necessary to apply these legal concepts to your particular situation. The Reader should obtain competent legal advice before relying on the Articles.