2. Driver license
Timing is Critical.
Be sure you are eligible for your license to be returned on the first possible day. Once someone is suspended, it is typically best to sign up immediately for DUI program classes ("DDP"). In Mendocino County, the most commonly referred program is located on Ford Street in Ukiah (see Google map below). Click here for a description of the Mendocino DUI Programs. Detailed information and more tips about the Mendocino County DDP can be found below in tip #4.
Click here for Napa DDP or Sonoma DDP, or Marin DDP information.
Who is Eligible for the Restricted "Work" License.
If you had a valid California license prior to this incident, and you are age 21 or older, and you have never been arrested for a DUI or suspended by DMV before, and there is no allegation that you refused to give a breath or blood sample at the time of this Mendocino County arrest (or other aggravating factors), then typically you may obtain a California restricted "work" license in a misdemeanor Mendocino County DUI case after the first 30 days of the DMV suspension once Ukiah DDP has confirmed with DMV in Sacramento (by transmitting a Form DL 107) that you are already enrolled in Mendocino County DUI classes at the Ukiah DUI program, and after you file an SR22 Insurance Form with the Ukiah DMV (Click on Resources>DUI Compliance on this site, and see "Insurance" Tip above).
Client comment: "After I was arrested for a DUI, the police officer told me that if I go to AA meetings prior to my first court date, then when I go to court, I can show them that I'm going to AA and they're more likely to give me a restricted license."
Jake's answer to this client: Great example of cops giving wrong legal advice; your case is a first DUI with no test refusal or other aggravating factors, so you have a right to a restricted license by following the proper DMV procedures; it has nothing to do with AA meetings or the court!
Usually DUI programs have a waiting list to enroll, so if you wait too long (Mendocino County courts require that you sign up within 21 days of a DUI conviction) then your required suspension period will be unnecessarily longer than the mandatory 30 days. If you are arrested for driving on a suspended license due to a DUI, the penalty risks are severe and expensive, including minimum 10-day jail sentence and loss of work license or hardship privileges. Talk to your Mendocino County DUI defense lawyer about the best time to enroll and then don't delay.
You can find additional detailed discussion about getting your license back by clicking on Ten Tips For Getting Your Driver License Back.
What is the Restricted "Work" License.
A DMV suspension of driving privileges due to a DUI may result from a court conviction or from the DMV's separate administrative proceedings. To see the detailed descriptions of these suspensions, click on Ten Tips For Getting Your Driver License Back on this site. Typically, suspension periods last from four months to three years or more depending on the circumstances. In most cases the suspension time can be shortened after a mandatory period off the road by obtaining limited driving privileges (called a "restricted license") which lasts for the balance of the suspension period. This special license is "restricted" to the hours necessary for driving to and from the person's place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
Getting the Restricted License.
Understand that the Santa Rosa DMV does not automatically send the restricted license to you and your Mendocino attorney cannot get it for you; rather you must accomplish these tasks and then go to the Ukiah DMV satellite office and pay a fee to obtain the restricted license. The license issued to you at Ukiah DMV will be a new 8-1/2 x 11" temporary license. Usually your regular license (which looks like the one you had before except the restrictions are printed on the reverse) will be mailed to you from Sacramento following your DMV visit. The Ukiah DMV is located at 542 S. Orchard Avenue, Ukiah, 95482, the Santa Rosa DMV is located at 2570 Corby Avenue, and the Petaluma DMV is located at 715 South Point Blvd.
UKIAH DMV:
You can find early contact information on this site for Mendocino, Napa, Marin and other counties by clicking on Resources and then under "DUI compliance" click on one of the drinking driver program links. Mendocino, Lake, Sonoma, Napa, Marin and all the state-licensed drinking driver programs are listed.
Be Sure DMV Has Your Correct Mailing Address.
If DMV has an old mailing address (for example, outside of Mendocino County) then you might not receive critical notices in Mendocino County providing a time-sensitive right to a hearing (sometimes only 10 days), or giving you a date for the start of a suspension, or sending you a new temporary or permanent license, which are usually sent to you at your address on record at DMV. Note that copies of many (but not all) hearing-related notices are sent to your Mendocino County DUI defense lawyer so that you can get copies from him/her.
Because the vehicle code requires you to provide a change of address to DMV within 10 days of obtaining a new address, you are not permitted to complain if DMV sends important documents to an old address on its records. In order to allow your Mendocino County DUI defense attorney to react quickly and challenge wrong or unfair decisions or planned actions against you, you must ensure that DMV has your correct address. You can visit the Ukiah, Lakeport or Santa Rosa satellite DMV office to submit a Mendocino County change of address, or click here to Update Your Address Online if DMV has an old address.
The Under Age 21 Critical Need Restricted Driver License.
If you are under age 21 and lost your license due to a first DUI or zero tolerance case, then you may wish to consider applying for a critical need license to drive in Mendocino County if you believe you can adequately show the Sacramento DMV that public transportation in your area of Mendocino County is not sufficient to accomplish your transport to and from work or school or you are the primary means of transporting a family member to medical appointments.
It is often extremely helpful to ask a local Mendocino County lawyer to provide and review this application so that eligible minors may minimize the possibility of denial of application. A Mendocino County DUI or traffic attorney will be sure that the entire application is completed, including all required signatures from parents, school officials, employers and/or doctors.
Attorneys review applications to ensure there is adequate supporting information which we know the DMV Sacramento office looks for, such as bus schedules, supplemental explanations, and additional documentation of any kind which may support the application.
Improve The Chances of Being Approved. Make no mistake: the DMV only grants under-21 restricted licenses for truly critical needs. So getting a job and/or enrolling in school typically increases chances of getting this limited license. The number and severity of Mendocino County transportation hardships involving conflicts between school and employment increase the chances of being approved, particularly when coupled with inadequate or completely impractical family/public transportation alternatives.
Click here to browse local college classes at Mendocino College, College of the Redwoods, or outside Mendocino County, at Santa Rosa Junior College, or Sonoma State University. You may also wish to consider applying for a building trades apprenticeship. Click here for comprehensive list of available California Apprenticeship Programs, including contact information, or click here for the Building Trades Apprenticeship Website. Some apprenticeship programs are available in nearby Sonoma and Napa counties, such as cement masons, electricians, operating engineers, &refer mechanics, and sound & communication. Another viable option may be Santa Rosa's Redwood Empire Beauty College.
To get this restricted license, you must be able to demonstrate that alternate and public transportation are inadequate to travel to work and/or school, and, although Mendocino County transit is actually adequate in many areas (click here for Mendocino County Transit Schedules), you may qualify for a restricted license if you live in outlying areas of Mendocino County, such as Leggett, Covelo, Boonville, Philo, Gualala, Elk or Westport, or even more rural areas where a combination of work and school requirements may require that you continue driving.
Application Form. The critical need application can be filled out online, and printed, to complete with supporting materials, and sent to a Ukiah lawyer for comments, reprinted if necessary, and obtain signatures and mail to Sacramento with additional documentation.
The form usually takes at least two weeks for you to prepare and complete, plus attorney review time, and at least a week or two for the Sacramento DMV to consider, so it is important to start this process as soon after determining the one-year DMV suspension is likely. Even if the application is approved, one must still suffer the mandatory first 30 days suspension, so this would be the best time to complete the application process. Click here for the under age 21 form: DMV DS694 Application For Critical Need License. Click here for more information and tips on this site for a successful application process: Ten Tips for Getting Your License Back and then click on "Minors."