Occupational/Restricted Driver’s License
A judge may issue a restricted or occupational license as a temporary driving permit. A restricted license, also known as an ‘essential-need’ license, allows a motorist whose license has been suspended to lawfully travel from their residence to complete tasks related to work, school, and essential errands.
Those detected driving violating their restricted license may have their restricted license entirely revoked. They would, after that, be forbidden from driving for whatever reason. In addition, one point would be imposed on their driving record. You might potentially face criminal charges with possible fines and imprisonment.
There is an alcohol restriction for those under the age of twenty. You may be penalized for drunk driving if you operate a motor vehicle after having even one alcoholic beverage. If your BAC is below 150 micrograms per liter of breath and 30 milligrams per 100 milliliters of blood, you might be fined and get 50 penalty points. If your BAC exceeds the legal limit, you might be prohibited from driving, given 50 penalty points, and fined or incarcerated. The legal limit for those above 20 is 400 micrograms per liter of breath or 80 milligrams per 100 milliliters of blood.
Full driving rights will be restored if the motorist completes the terms of these restricted licenses.
There are four necessities for obtaining a restricted or occupational license for business use. One may lawfully drive to and from employment and any DUI classes required by the court with a restricted license. Drivers may use their time on the road to get work done without taking time off during the day.
The driver’s obligations upon arrest are as follows:
- Pay $125 to the California Department of Motor Vehicles,
- Complete a 30-day license suspension without driving,
- Acquire an SR-22 proof of insurance form,
- Enroll in a DUI program in California, and provide enrollment documentation (DMV)
To drive after a DUI arrest, drivers must install an ignition interlock device as a requirement for their restricted license. The car cannot be started until the driver passes the IID’s breathalyzer. After installing an IID, drivers may apply for a limited license immediately. Drivers with these types of licenses are permitted limited freedom of movement and use of the vehicle.
It is required of drivers to:
- File an SR-22 form with the DMV as evidence of insurance,
- Attend DUI school and submit proof of enrollment,
- Install an IID device and produce documentation of installation,
- Payment of a DMV-imposed cost ($125).
What Are The Conditions Of a Restricted or Occupational License?
You must carry your restricted license at all times when driving.
You may drive alone outside from 10 p.m. to 5 a.m. You must have a licensed adult in the front passenger seat if you are behind the wheel between these hours.
If you took the restricted driving test in an automatic car, your limited license would restrict you to driving only automatic vehicles (unless accompanied by a supervisor).
You cannot generally transport people without a supervisor present.
The only passengers you may transport without a supervisor are:
- Your spouse, or the person you live with as if you were married or with whom you are in a civil union;
- Your children or those under your care or the care of your spouse.
- Your parent or guardian relatives who live with you and receive a social security benefit; and
- A person you care for as their primary caregiver.
If you are under twenty, you are not allowed to get behind the wheel after consuming any alcohol. A person aged 20 or older cannot operate a motor vehicle if they have a blood alcohol concentration (BAC) above 0.50 or a breath alcohol concentration (BAC) of 250 micrograms per liter.
What Will Happen If I Am Stopped With a Restricted License?
Your conditional or restricted license will be terminated if you are stopped and convicted of driving “out of class.” This means you were driving to or from a place other than employment, school, or a medical appointment.
Any moving violation, including a penalty for not wearing a seat belt, may suspend or revoke a restricted or conditional driver’s license. Here are other occasions:
- Not using a seat belt while driving.
- Texting while driving
- Speeding
- Child protection problems
- Driving under the influence
Therefore, even if you were driving to an allowed location, you may lose your conditional or restricted license if you are stopped for any of the reasons mentioned above. You cannot be found guilty of a single moving offense with a limited or conditional license.
- Related Articles:
- VC 23152(d) – DUI for Commercial Driver’s
- Ignition Interlock Device Violations
- How to Keep Your Driver’s License After a DUI Arrest
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Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.
