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Top Ten Questions > From Everyone

9. Can I get a restricted license?

breathalyzerIn a typical first offense Napa DUI case (arrest date after 1/1/19, alcohol-related, age 21 or older, no allegation of injury or refusal to give a chemical test), with no aggravating circumstances, and no viable legal defenses or other mitigating factors, a good Napa DUI lawyer will explain that most drivers may avoid a suspension of driving privileges by obtaining either (1) an Ignition Interlock Device (IID) breathalyzer restricted license, or (2) a 12-month "work" license if the court doesn't order the IID breathalyzer. In either option, the restricted license may be issued at any local DMV office once the driver accomplishes certain tasks, which are discussed on this site under Ten Tips for Getting Your License Back.

In a typical second offense Napa DUI case, with an arrest date on or after 1/1/19, no aggravating circumstances, and no viable legal defenses or other mitigating factors, the best Napa DUI attorneys will explain that most drivers may avoid a suspension of driving privileges by obtaining an Ignition Interlock Device (IID) breathalyzer restricted license at any local DMV office after accomplishing certain tasks, which are discussed on this site under Ten Tips for Getting Your License Back.

If the date of arrest is prior to 1/1/19, then older laws applicable to most first offense DUI cases allow for a restricted work license, but only after 30 days of no driving (regardless of hardship). For most second or third offense DUI cases, the older laws allow for an IID breathalyzer restricted license after 90 days or six months of no driving, respectively (or a work license after one year of no driving in second offense cases), if required tasks are accomplished. If the date of the DUI arrest is prior to 2010, then in most multiple offender cases there is no possibility of restricted driving privileges (regardless of hardship) for at least one year unless the separate DMV case is successfully litigated.

DUI laws and DMV policies and practice change often, so consult with a Napa County DUI attorney about your individual circumstances. There are also a large variety of special rules for drug DUIs, injury cases, minors, commercial drivers, out of state residents, etc. Click on Ten Tips for Getting Your License Back on this site for a more detailed discussion about getting your license back in many different situations. Consult with a Napa County DUI lawyer about your specific case.

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Any result portrayed was dependent on the facts of that case, and the results will differ if based on different facts.

Our DUI Lawyers

Dave Jake Schwartz is an Honors Graduate from UC Hastings Law School, and UC Davis, former Federal Judicial Clerk, and Nationally Qualified Sobriety Tests Practitioner. Member of the California Bar for 30 years, Wine Country resident for over 20 years, handles only DUI cases, including thousands of North Bay DUIs and DMV hearings: first/multiple offenders, minors, seniors, tourists, undocumented immigrants, veterans, probation violations, suspended license, public intoxication, open container, minor in possession, child endangerment, collisions, hit and run, evading, resisting arrest.

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Dave Jake Schwartz, PC

California State Bar No. 138607

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Dave Jake Schwartz