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1. Ca Driver License Restriction Codes

Commercial Driver's License Suspensions in California

In California, the Department of Motor Vehicles (DMV) administers commercial driver's license (CDL) suspensions. In addition to any DMV fines and penalties you may receive for traffic violations, you are subject to court penalties as well if you are convicted of a crime.

A restriction or condition is placed on a person's driver license when it is necessary. What does the restriction code 08 mean on. DMV classifies a California DMV 08 restriction on a driver's license is. Restricted Driver License. A restriction or condition is placed on a person's driver license when it is necessary to. (Vehicle Code §§ 12812, 12813, and 13800).

If you're looking for driver's license suspension information that is not related to a CDL, please refer to our Suspended License in California page.

About Your Suspended License in CA

There are many reasons why your CDL can be suspended in California. The following infractions will result in your CDL being suspended for 1 year for your 1 ^st offense:

• Driving under the influence (DUI) of drugs/alcohol.
• Driving a commercial motor vehicle (CMV) with a blood alcohol concentration (BAC) 0.04% or higher.
• Refusing to take a BAC test.
• Leaving the scene of a collision involving your CMV.
• Committing a felony with your CMV.
• Driving a commercial vehicle while your CDL is revoked/suspended.
• Negligent operation of a CMV, resulting in a fatality.

You can also receive suspensions for:

• 3 years or longer, if the offense occurs while you are operating a CMV carrying hazardous materials.
• Life, for subsequent offenses of anything mentioned above.
• Life, if you use a CMV to commit a felony involving any controlled substances.

For a complete list of reasons why your CDL can be disqualified, visit the California DMV website.

Federal Regulations

In addition to any California state laws, commercial drivers are also subject to federal regulations that are controlled by the Federal Motor Carrier Safety Administration (FMCSA), including:

• CDL disqualifications and fines for violating out-of-service orders.
• Suspensions and disqualifications ranging from 60 days to life for violations and convictions, such as:
  • Driving under the influence (DUI) of alcohol/drugs.
  • Leaving the scene of an accident you are involved in.
  • Excessive speeding and reckless driving.
  • Violating railroad-highway grade crossing rules.

NOTE: You must notify your employer within 30 days of receiving a traffic conviction.

For more information on federal regulations and penalties, please visit the FMCSA website.

Check Your License Status

The California DMV keeps record of your driving history. Depending on your violation, you will receive a certain number of points on your driving record, which will remain for 36 months or longer.

If you accumulate too many points on your driving record, your commercial driver's license can be suspended. For this reason, it's important to keep track of your driving history and make sure all information is correct.

CDL DUI Suspensions in California

If your BAC level is 0.04% or higher while driving a commercial vehicle, or you refuse to submit to a BAC test in California, your CDL will be suspended for:

• 4 months for your 1st offense.
• 1 year for subsequent offenses within 10 years.

You will need to surrender your CA CDL, and you will receive an Order of Suspension/Revocation from your arresting officer. This will include a temporary driver's license you can use for 30 days after your arrest.

NOTE: You may also receive additional penalties from the court, including suspensions and fines.

If you wish to contest your CDL suspension, you may be able to request a hearing with the CA DMV. See “Suspended CDL Hearings in California' below.

For more information regarding DUI-related offenses, check out our DUI & DWI in California page.

Suspended CDL Hearings in California

NOTE: Please refer to your Order of Suspension/Revocation to check whether you can request a hearing.

If your CDL was suspended by the CA DMV for driving under the influence (DUI), you can contest it within 10 days of receiving your Order of Suspension.

You will be charged with a DUI if you:

• Are caught driving a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher.
  OR
• You refuse to submit to a BAC test.

Contact your local California DMV office for more information or to request a hearing.

NOTE: CA DMV hearings do not affect suspensions and other penalties you receive from the court.

Reinstate Your CDL in California

The requirements to reinstate your CA commercial driver license will differ depending on the reason for your suspension. Please refer to your Order of Suspension/Revocation for specific requirements.

You will generally need to wait out the entire suspension period and pay reissue fees to the California DMV to have your CDL reinstated. See “Fees to Reinstate Your California CDL' below.

You may be eligible for a restricted non-commercial driver's license to use while your CDL is suspended. See “Restricted Commercial Driver's License' below.

For more information on reinstating your suspended CDL, contact your local California DMV office.

Obtain a Restricted California CDL

If your CDL was suspended, you may be eligible for a restricted commercial license if:

• Your CDL has not previously been suspended.
• You driving a non-commercial vehicle when you received your CDL suspension.

Your restricted commercial driver's license will allow you to drive to and from work. You can receive a restricted CDL 30 days after you receive your Order of Suspension and it will be valid for 6 months.

To apply for a restricted driver's license or to determine your eligibility, contact the California DMV.

DUI Suspensions

If your suspension was due to a DUI offense under the Admin Per Se (APS) program, you can apply for a restricted non-commercial driver's license if:

• This is your only violation in the last 10 years.
• You submitted a BAC test.
• You were at least 21 years old when you received your suspension.
• Your CDL is not suspended for any other reason.

A restricted non-commercial driver's license will allow you to drive to and from a DUI treatment program only. It will not allow you to drive a commercial vehicle.

To apply for a restricted non-commercial driver's license, you must:

• Enroll in a DUI First Offender program.
  • Have the program provider to file a Proof of Enrollment Certificate (DL 107) with the CA DMV.
• Submit proof of your financial responsibility to the CA DMV, such as:
  • An SR22 from your insurance company.
  • $35,000 cash deposit.
    OR
    
  • Surety bond.
• Pay the $125 fee.

NOTE: You can only apply for a restricted license 30 days after receiving your suspension.

If the CA DMV approves your application for a restricted CA driver's license, the restriction will only apply for 5 months, after which you will need to wait out the remainder of your suspension.

Fees to Reinstate Your California CDL

The fees to reinstate your California commercial driver's license will differ, depending on your offense. The following are reissue fees that may apply to your CDL reinstatement:

• Reissue fee: $55.
• Remove a restriction: $20.
• Add a court restriction: $15.
• APS suspensions: $100.
• Drug-related suspensions: $24.

For specific reinstatement fees related to your suspension, contact the CA DMV.

In addition to any DMV fees, you will also be responsible for any court-sanctioned fines and penalties. If this situation applies to you, you may wish to seek proper legal representation.

Get a consultation with a local CDL attorney today.

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California DWI & DUI Laws

According to the most recent California DUI statistics, there were nearly 1,500 alcohol-involved fatalities in 2007.

That may not seem like many, considering there were more than 200,000 DUI arrests, but once you realize that 1,500 people left behind their parents, siblings, children, spouses, friends, and other loved ones, the number becomes staggering.

Due to these high numbers, in 2011, California join many other states by allowing the Department of Motor Vehicles to immediately suspend the driver's license of anyone suspected of driving under the influence. This law, know as Admin Per Se, enables law enforcement to confiscate a suspected offenders driver's license. The license is then sent to the DMV, where it is held until the predetermined suspension time is over or the charge is found to have no merit at a hearing.

California DUI Defined

Per California's driving under the influence (DUI) laws, it's illegal to operate a motor vehicle with any of the following blood alcohol concentration (BAC) percentages:

• 0.08% or higher― 21 years old or older operating a regular passenger vehicle.
• 0.04% or higher―operating a commercial vehicle.
• 0.04% or higher―operating a for hire passenger vehicle.
• 0.01% or higher―younger than 21 years old.

The state's DUI laws include medications, too. You can't legally drive if you've consumed illegal drugs or:

• Excessive amounts of drugs with alcohol in them (such as cough syrup).
• Prescription medication.
• Over-the-counter medication.

DUI convictions stay on your driving record for 10 years.

Understand Your DUI Penalties

Not all DUI penalties or charges are the same. Depending on your age, license type, and any previous convictions, you could face:

• Admin Per Se license suspension.
• Criminal license suspension
• Fines.
• Jail time or community service.
• DUI school.
• Installation of an ignition interlock device (IID).
• SR-22 filing.

Admin Per Se Penalties

An Admin Per Se suspension occurs when the officer takes your license after you fail or refuse a chemical test. This action is taken by the CA Department of Motor Vehicles, under Admin Per Se laws and is in addition to any criminal charges given when refusing or failing a BAC test.

The officer will issue an Order of Suspension and possibly a temporary license. The officer's report, your license and any other information is then sent to the DMV. The DMV then will conduct a review. This review can set aside the suspension. You also have the right to request a hearing if you believe the suspension is unjustified. You must request an administrative hearing within 10 days of receiving the suspension order.

Chemical Test Refusal Penalties

You face harsher Admin Per Se license suspension penalties if you refuse to submit to a chemical test upon being pulled over for suspicion of drunk driving.

Younger than 21 years old

• First Offense: Suspended for 1 year.
• Second Offense: Revoked for 2 years.
• Third Offense: Revoked for 3 years.

21 years old or Older

• First Offense: Suspended for 1 year.
• Second Offense: Revoked for 2 years.
• Third Offense: Revoked for 3 years.

DUI Penalties: Younger than 21

Ca Driver License Restriction Codes

Drivers younger than 21 years old face two kinds of alcohol-related offenses, and both affect their driving privileges: possessing alcohol, and violating the Zero Tolerance Law.

Possession of Alcohol

If you're younger than 21 years old, you can't possess alcohol in your vehicle unless the container is full, sealed, and unopened. You also must either:

• Be with a parent or legal guardian.
  • or
• Be working for a person with an off-site liquor license.

Breaking this law leads to:

• Vehicle impoundment for 30 days.
• Fines of up to $1,000.
• License suspension for 1 year.

Zero Tolerance Law

The Zero Tolerance Law is exactly what it sounds like: California won't tolerate any amount of alcohol (specifically, 0.01% or higher) for drivers younger than 21 years old.

The first time you're charged with drunk driving, you face:

• License suspension for 1 year (under the Admin Per Se Laws).
• Criminal charges.
• DUI school.
• Hundreds of dollars in fines.

Your DUI attorney and judge will inform you of the longer suspension periods, higher fines, and more stringent DUI programs you face if you have a second or subsequent offense.

NOTE: Your suspension period is based on whether you submitted to the chemical test. See “Chemical Test Refusal Penalties' below for more information.

DUI Penalties: 21 or Older

First Offense

• Immediate license suspension per the state's Admin Per Se policy for at least 4 months.
• Up to 6 months in jail.
• Up to $1,000 in fines. Keep in mind additional penalty fines and legal fees.
• $125 fee for license reissue.
• Installation of an ignition interlock device.
• DUI program. The length varies depending on factors like your BAC at the time of arrest.
• SR-22 filing.

Second and Subsequent Offenses

The California Driver Handbook describes penalties for second and subsequent DUI offenses as “increased,' meaning you will face longer jail time and more expensive fines, in addition to the DUI program and SR-22 filing requirement.

Your license suspension and revocation periods change, too. For example, a second or subsequent offense within 10 years of your prior offense brings license suspension or revocation for at least 1 year.

Because penalties beyond first offenses are dependent upon the offense number, it's best to contact a CA DUI attorney for help.

Commercial Driver DUI Penalties

Commercial drivers caught with a BAC of 0.04% or higher while operating a commercial vehicle can expect the following license suspension periods:

• First Offense: 1 year
• Second and Subsequent Offenses (within 10 years): Permanently

Note that these suspension periods are in addition to any fines, jail time, and DUI programs the CA DMV and court system impose.

Also, the Federal Motor Carrier Safety Administration (FMCSA) Disqualification of Drivers wields a big hand when it comes to commercial drivers and the offenses that disqualify them―sometimes permanently―from having a valid CDL.

Passenger For Hire Driver DUI Penalties

Passenger for hire drivers who are cited for a BAC of 0.04% or above with a passenger in the vehicle may get their license suspended if convicted.

Other DUI Penalties

CA Ignition Interlock Device

You will be ordered to install an ignition interlock device (IID) into your car as part of most DUI penalties.

An IID is a small gadget wired to your vehicle's ignition that requires breath samples before you can start your vehicle, as well as periodically throughout your drive. If an IID detects alcohol on your breath, the vehicle won't start.

You may be required to have an IID installed if:

• You had a BAC of at least 0.15%.
• You had moving violations prior to the DUI.
• You refused the chemical test.
• You want to apply for a restricted license.

You will be given forms and procedure instructions for monitoring the installation and use of your IID. Expect to pay various fees and related costs, including administrative service fees and restriction fees.

California provides a list of IID providers. Make sure the provider you choose is licensed in the state.

California Three Strikes Law

California's Three Strikes Law delivers certain sentences to people who commit multiple serious and violent felonies―specifically, upon a “third strike,' a convict receives a life sentence with the possibility of parole only after 25 years.

Proposition 36 revised which crimes warrant life sentences, authorized re-sentencing, and detailed when to maintain life sentences.

Some CA DUI offenses fall under the Three Strikes Law. These include the most serious offenses―those that involve severe injuries and death. Not only do you face extended jail time, longer (or even permanent) license revocation, and higher fines and court costs, but you might also face civil lawsuits.

If your case falls under the state's Three Strikes Law, don't try to navigate the court system alone; seek legal representation as soon as possible.

When to Hire a DUI Attorney

Most DUI suspects must appear in court. Regardless of how you plan to plead, it's best to hire a DUI attorney to help you get the best possible outcome, as well as provide assistance navigating your DUI penalties.

Enrolling in the CA DUI program

All DUI convictions require drivers to complete a DUI program. The course length varies based on your BAC and any previous DUI convictions.

Your judge and DUI lawyer will inform you of your DUI program requirements, but you can review the state's Department of Health Care Services DUI programs for an overview.

Applying for a Restricted License

Restricted licenses allow you to drive to and from places designated by your court, and are available for some DUI offenders.

You might be eligible if:

• This isn't your second or subsequent DUI offense within 10 years.
• You agreed to the chemical test.
• Your license wasn't already suspended or revoked.

To apply for the restricted license:

• Request the application from the DMV after the mandatory suspension is up.
• Pay the $125 fee to reissue your license (or a $100 fee if you're younger than 21 years old and the judge deems you can have one).
• Enroll in the DUI First Offender Program and get the instructor to file Proof of Enrollment Certificate (Form DL 804) with the DMV.
• Meet certain financial responsibility requirements, such as filing an SR-22 or providing a $35,000 cash deposit, surety bond, or self insurer certificate.
• Install an IID, a possibility for some drivers.

Reinstating Your CA Driver's License

Generally, you can reinstate your CA driver's license after a DUI once you:

• Pay all applicable fines and other fees (including your license reissue fee).
• Complete any jail time, community service, or other probation order.
• Successfully complete the DUI program, if ordered, as well as any ordered alcohol or drug treatment programs.
• Keep your ignition interlock device for the ordered amount of time, if applicable.
• Finish your suspension or revocation period.
• File your SR-22 (see below) or present other state-approved proof of financial responsibility.

For more details specific to your case, contact the DMV or the court handling your case.

SR-22: Car Insurance and Proof of Financial Responsibility

You will have to file proof of financial responsibility in order to get your driving privileges back; this includes criminal and Admin Per Se suspension.

Most often, drivers rely on an SR-22 filing. An SR-22 is a type of financial responsibility certificate that proves you're carrying the state's required minimum liability coverage. Your insurance provider can file this form with the CA DMV.

You do have other options, though. For example, you can:

• Post a $35,000 cash bond.
• Post a surety bond.
• Self insure.

You probably can see why an SR-22 is the most common choice.

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