Sunday, May 3, 2015

Getting A Restricted License After A Second DUI In California

The mandatory suspension for a second dui in California is 1-2 years, however there is a way to obtain an early reinstatement of your driving privilege via an IID restriction.  What is this?  Well, it is a method to get a license after 90 days if your DUI involved alcohol, no drugs, and you were not on probation, took a chemical test and meet certain conditions.  Here is what you will need to do:

  1. Get enrolled in the SB 38 18 month DUI program.  The classes must be started after the arrest date of the current case.  Sometimes the offender will start the school early, that is ok as long as you file the enrollment certificate with the DMV after the court conviction. Click here for a full list of DUI Schools in California
  2. Make sure you have an SR-22 filed with the DMV.  An SR22 is nothing more than an official proof that you have the minimum required proof of insurance mandated by the DMV.  You cannot simply send in the little card you got from the insurance company, that will not be sufficient.  The proof must be sent in by the insurance company in order to comply with CA law.  Many insurance brokers can provide an SR22 even if you do not currently own a car or if you do and want additional coverage.
  3. Install an ignition interlock in the car you will be driving.  This IID is mandatory and must be installed even if you do not own a car.  This allows you to drive anywhere you want as long as it is installed.  There is no restrictions for employment only or any other limitations.  For more information about this, go to our IID Facts Page.
  4. You must pay a re-issue fee to the California Department of Motor Vehicles.  This fee  ranges from $140 to $240 dollars and must be submitted in order to receive your original license.
  5. Ensure you have no outstanding tickets or "holds" on your license such as tickets you never paid or any FTA or failure to appear, back due child support, etc.
  6. Make sure you understand that you will receive two letters from the DMV regarding the court and administrative disposition.  The first letter will often be from the local driver safety office which states the suspension is fir one year, how ever this will be superseded by the mandatory action flowing from the court conviction which will state the suspension is for two years.  The court action trumps the APS sentence and the time for the 90 days starts when the court conviction takes place, not sooner.  If you have any questions regarding the process contact Matthew

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