Addressing DUI Charges for California Residents with Restricted Licenses

Defending Your Freedoms: DUI Charges and Restricted Licenses

A DUI charge can have serious consequences, but when you already have a restricted license, the stakes are even higher. California law does not take these violations lightly, and without a strong defense, you could be facing harsher penalties, longer license suspensions, or even jail time. At Patrick Silva, Attorneys at Law, we fight aggressively to protect your rights, license, and future.

What Is a Restricted License in California?

A restricted license allows limited driving privileges after a DUI-related suspension. Depending on your case, it may let you drive to and from work, school, medical appointments, or a DUI education program. But a new DUI charge while on a restricted license can mean serious legal trouble.

What Part of the California Vehicle Code Covers Restricted Licenses?

Under California Vehicle Code §13301.5, individuals with a restricted license must strictly follow the terms of their driving privileges. Violating these conditions, such as driving outside of permitted hours or locations, can lead to an extension of the suspension period or revocation of the restricted license altogether.

DUI with a Suspended or Restricted License

If you are caught driving under the influence while on a restricted license, you could be charged under California Vehicle Code §23146. This law imposes severe penalties, including additional fines and potential jail time. A conviction under this statute can also complicate future attempts to regain full driving privileges.

What Happens If You Get a DUI on a Restricted License?

A DUI charge while on a restricted license can lead to harsher consequences than a first-time DUI. You could be looking at:

• Extended license suspension or revocation – The California Department of Motor Vehicles (DMV) may impose an additional suspension period for driving on a restricted license with a DUI. This can range from a one-year suspension to a three-year license revocation. 
• Mandatory Ignition Interlock Device (IID) installation – A second DUI offense while on a restricted license could result in a mandatory IID for up to three years.
• Increased fines and court fees – San Bernardino County courts typically impose fines ranging from $1,800 to $3,000, depending on prior offenses and aggravating factors.
• Additional DUI education programs – You may be required to complete an extended DUI education program, which can last 18 to 30 months.
• Potential jail time – You can be sentenced to up to six months in county jail for a DUI conviction on a restricted license.

When facing such penalties, having an aggressive, knowledgeable San Bernardino DUI defense attorney becomes crucial.

Ignition Interlock Device (IID) Violations

Many California drivers with a restricted license are required to install an Ignition Interlock Device (IID). Under California Vehicle Code §23152, tampering with or bypassing an IID or driving a vehicle without one when required can result in further criminal charges and a loss of your restricted driving privileges.

How We Fight DUI Charges on a Restricted License

At Patrick Silva, Attorneys at Law, we build aggressive defenses tailored to your case. Our strategies include:

• Challenging the legality of the traffic stop
• Examining breathalyzer and blood test accuracy
• Investigating procedural errors by law enforcement
• Questioning the reliability of field sobriety tests
• Presenting alternative explanations for BAC levels

We leave no stone unturned when it comes to protecting your driving privileges.

Can You Challenge a DUI Charge While on a Restricted License?

Absolutely. Many DUI cases have weaknesses that can be effective as a defense with the right legal approach. Whether it’s a faulty breathalyzer, improper police procedures, or a violation of your constitutional rights, we fight to get charges reduced or dismissed.

The DMV and Your Restricted License: Protecting Your Rights

After a DUI arrest, you only have 10 days to request a DMV hearing to challenge the automatic suspension of your license. This hearing is separate from your criminal case and requires an experienced San Bernardino, CA, DUI attorney to navigate effectively.

Possible Defenses for a DUI Charge on a Restricted License

Being charged with a DUI while on a restricted license doesn’t automatically mean you’ll be convicted. Many cases hinge on flawed evidence, procedural mistakes, or circumstances that create reasonable doubt. At Patrick Silva, Attorneys at Law, we aggressively challenge DUI charges, especially when your restricted license is at stake.

Common defenses against DUI charges while on a restricted license include:

• Medical conditions that could have affected BAC readings: Certain medical conditions, such as diabetes, acid reflux (GERD), and hypoglycemia, can cause breathalyzer machines to register inaccurately high BAC levels. Additionally, ketosis—a state caused by low-carb diets or fasting—can produce acetone in the breath, which some breathalyzers may mistake for alcohol. If you have a medical condition that could have influenced the test results, we’ll bring expert testimony to challenge the evidence.
• Incorrectly conducted field sobriety tests: Field sobriety tests are notoriously unreliable and highly subjective. Officers often fail to consider external factors like poor lighting, uneven road surfaces, bad weather, or even your physical condition (such as fatigue or a past injury). If the officer did not correctly instruct you, failed to account for these conditions, or misinterpreted your performance, we can challenge the validity of the test results.
• Unreliable breath or blood test results: Breathalyzers must be calibrated and maintained for accurate readings. If the machine has not been properly calibrated, the test results may be admissible in court. Blood tests can also be challenged if there are errors in sample collection, storage, or chain of custody. If not handled correctly, it can result in contamination or blood fermentation, falsely increasing BAC levels.
• Lack of probable cause for a traffic stop: Law enforcement must have a legitimate reason to pull you over. If you were stopped by police without reasonable suspicion of a traffic violation or indications of alcohol intoxication, the evidence gathered at the stop—including breathalyzer results—may be inadmissible. We’ll thoroughly investigate whether the officer had a lawful reason to initiate the stop and whether your rights were violated.

A DUI charge on a restricted license can feel like an uphill battle, but a strong defense can expose weaknesses in the prosecution’s case. At Patrick Silva, Attorneys at Law, we’ll fight tirelessly to protect your driving privileges and future.

Tough Circumstances Require Tough Representation. Choose Patrick Silva, Attorneys at Law.

DUI law in California is complex, and the consequences of a conviction can follow you for years. Patrick Silva, Attorneys at Law, has a proven track record of winning DUI cases, even in the toughest circumstances. Attorney Patrick Silva is certified in Standardized Field Sobriety Testing and trained in DUI defense strategies that many attorneys don’t know.

Act Now to Protect Your Legal Right to Drive—and Your Freedom

If you’re facing a DUI charge while on a restricted license, time is not on your side. The prosecution is already building a case against you, and the DMV deadline is quickly approaching. Call Patrick Silva, Attorneys at Law, today at 909-500-4819 for a free consultation. We fight hard because we care about our clients and know what’s at stake. Don’t let one mistake define your future—let us defend you.