Thursday, April 21, 2011

CA DMV Now Allowing Second and Third DUI Offenders an Ability to Get Restricted License

For those convicted of a DUI in california and have one or more priors, there is now an ability to get a restricted license from the DMV. Vehicle Code (VC) §§ 13352(a)(3) and 13352(a)(5) allows a second or third DUI offender to install an IID and receive an IID restricted license after a mandatory  suspension/revocation period, if the most recent violation of VC §23152 occurred on or after July 1, 2010, and did not involve the use of drugs.

Eligible DUI defendants and drivers must provide the following:

Verification of Installation Ignition Interlock (DL920 Form Required).

$45 administrative service fee to the DMV

All other CA DMV established reinstatement requirements and fees.

Second drunk driving Offenders whose violation involved alcohol only may reinstate after a 90-day suspension with proof of enrollment in a DUI program. Third DUI Offenders whose violation involved alcohol only may reinstate after a 6-month revocation with proof of enrollment in an 18 or 30-month DUI program.

Conviction Involving the Use of Drugs—Second or third DUI offenders whose most recent DUI conviction included the use of drugs do not qualify for early reinstatement with the installation of an IID until 12 months of a suspension/revocation has been completed. A DUI Attorney can offer guidance for those in this category.

Term of IID Restriction—The term of IID restrictions remain in effect for the remainder of the original suspension/revocation term. Drivers that fail to comply with the IID requirement will be suspended/revoked for the remainder of the original suspension/revocation term. A DUI Lawyer can help to ensure that all criteria are met in order to qualify for the restriction.