A Defendant DL-38 is a restricted license issued by California courts during a DUI case

A Defendant DL-38 is a temporary driver's license that California courts issue to people arrested for driving under the influence (DUI) while their case is pending. It is not a permanent license type — it exists only during the legal process, from arrest through trial or plea.

The DL-38 allows you to drive to work, school, medical appointments, and court-ordered programs like alcohol education classes. You cannot use it for any other purpose. The restrictions are strict, and violating them can result in additional criminal charges.

You do not request a DL-38 yourself. The court issues it as part of the bail or release conditions after a DUI arrest. If you are released from custody, the judge may grant one as a condition of your release — meaning you must follow its rules to stay out of jail while your case moves forward.

Key Takeaways

  • A Defendant DL-38 is issued by a California court only during a pending DUI case and allows driving only to specific places like work, school, and court programs.
  • You cannot drive for personal errands, social visits, or any purpose outside the court's approved list, and violations can lead to additional criminal charges.
  • The DL-38 is temporary and ends when your DUI case concludes, either through conviction, acquittal, or dismissal.
  • Your regular California driver's license is suspended during the DUI case, so the DL-38 is your only legal way to drive.
  • Insurance companies may refuse to cover a vehicle you drive on a DL-38, or charge significantly higher rates, because the license signals active DUI prosecution.

When the court issues a Defendant DL-38

A DL-38 is issued after you are arrested for DUI and booked into custody. Before you are released, a judge reviews the arrest details and decides what conditions you must follow. If the judge believes you are not a flight risk and pose no danger, they may release you on your own recognizance (no bail required) or with bail. As part of those release conditions, the judge can order a DL-38.

The court does not automatically issue one. The judge has discretion, and some judges are more restrictive than others. If you have prior DUI convictions, a high blood alcohol level, or other aggravating factors, the judge may deny the DL-38 and suspend your license entirely, leaving you with no legal way to drive.

If you are not released — if you remain in custody pending trial — you will not receive a DL-38 because you are not permitted to drive at all while incarcerated.

What you can and cannot do with a Defendant DL-38

The court's order specifies the exact purposes for which you can drive. The standard list includes:

  • Driving to and from work or school
  • Driving to medical or dental appointments
  • Driving to court-ordered programs, such as DUI education classes or counseling
  • Driving to court appearances
  • Driving to meet with your attorney

You cannot use the DL-38 for grocery shopping, visiting friends, going to restaurants, running errands, or any other personal reason. If a police officer stops you and you cannot explain why you are driving in a way that fits the court's approved purposes, you can be cited for violating the DL-38 conditions. That violation becomes a separate criminal charge and can result in your arrest and the revocation of the license.

Some courts allow a narrow exception for driving to a job interview or to look for work, but this varies by judge and county. Always check your court order to see exactly what is permitted.

How a Defendant DL-38 affects your insurance

Insurance companies view a DL-38 as a red flag because it signals that you are facing DUI charges. Many insurers will not cover a vehicle you drive on a DL-38, or they will cancel your policy outright once they learn about the arrest and pending case.

If you do find an insurer willing to cover you, the cost will be much higher than your previous rate. You may be classified as a high-risk driver, and some companies specialize only in high-risk coverage. Rates can double, triple, or increase even more depending on the insurer and the details of your arrest.

Some people try to hide the DL-38 from their insurance company, but this is insurance fraud. If you are in an accident and the insurer discovers you were driving on a DL-38 without disclosing it, they can deny your claim entirely, leaving you personally liable for all damages.

What happens when your DUI case ends

The DL-38 is valid only while your case is pending. Once your case concludes — whether you are convicted, acquitted, or the charges are dismissed — the DL-38 expires when ready and is no longer valid.

If you are convicted of DUI, your license will be suspended or revoked by the California Department of Motor Vehicles (DMV) as a separate administrative action, independent of the court case. The length of suspension or revocation depends on whether it is a first offense, a repeat offense, and whether anyone was injured. You may then be able to request a restricted license from the DMV after a waiting period, but that is a different document from the DL-38.

If you are acquitted or the charges are dismissed, the DL-38 ends, and your original driver's license status is restored — though you may still face a DMV suspension if the arrest itself triggered an administrative action at the time of your arrest.

The difference between a Defendant DL-38 and a restricted license from the DMV

A Defendant DL-38 is issued by the court during a pending DUI case. A restricted license is issued by the DMV after a DUI conviction or after a license suspension takes effect. They are separate documents with different purposes.

The DL-38 allows you to drive during the legal process. A DMV restricted license allows you to drive after the legal process ends and you have been convicted or your license has been suspended. The DMV restricted license typically allows driving to work, school, and alcohol treatment programs, similar to the DL-38, but it is issued under different rules and lasts longer — usually for the duration of your suspension period.

If you receive a DL-38 during your case and are later convicted, you will not automatically receive a DMV restricted license. You must request one from the DMV after your conviction and after any mandatory waiting period has passed.

How to keep your Defendant DL-38 valid

Follow the court's order exactly. Drive only to the places the judge listed. Carry a copy of the court order with you whenever you drive, because a police officer may ask to see it during a traffic stop. If you cannot produce the order, the officer may assume you are driving illegally.

Do not miss any court dates or fail to show up for any court-ordered program. Missing a court appearance or failing to complete a required class can result in the judge revoking your DL-38 and issuing a warrant for your arrest.

If your circumstances change — for example, you lose your job or need to change your work location — contact your attorney or the court when ready. Do not straightforward start driving to a new location without permission. Request a modification to your DL-38 order in writing, and wait for the judge to approve it before you change your driving pattern.

Frequently Asked Questions

Can I drive family members or passengers on a Defendant DL-38?

No. The DL-38 is for your driving only, and only to the court-approved locations. Driving a family member to their appointment, even if you are also going to an approved location, can be viewed as a violation. You are the only person authorized to use the license.

What happens if I get pulled over while driving on a DL-38?

Provide the officer with your DL-38 and your court order. If the officer believes you are driving outside the approved purposes, you can be cited for violating the court's conditions. This citation becomes a separate criminal charge. Do not argue with the officer; instead, contact your attorney when ready.

Can I get a Defendant DL-38 if I was arrested for DUI but not yet booked into jail?

You must first appear before a judge for a bail hearing or release hearing. The judge decides whether to release you and what conditions explore. Only at that hearing can the judge order a DL-38. If you have not yet had that hearing, you cannot drive legally.

Does a Defendant DL-38 show up on my driving record?

The DL-38 itself does not appear on your public driving record, but the DUI arrest does. Insurance companies and employers can see the arrest through background checks. Once your case concludes, the arrest may remain visible depending on the outcome and whether you later petition to have it dismissed or sealed.

Can I use a Defendant DL-38 to drive in another state?

No. A California court order applies only in California. If you drive out of state on a DL-38, you are driving without a valid license in that state, which is a separate crime. You are also violating the California court's order, which can result in your arrest when you return to California.