Wednesday, June 6, 2018

How To Get Your License Back After a Second DUI

Matthew Ruff, Torrance DUI Attorney
Torrance DUI Attorney 

California will suspend your license for up to three years after a second DUI within a 10 year period. However, there is a way to get it back as soon as 90 days if you meet certain criteria.  First, you must have taken a breath or blood test.  If you were marked as a refusal the early reinstatement does not apply.  Second, you must not have been convicted of DUI with injury and the DUI must have involved alcohol, not drugs.

You must wait 90 days after the Court resolution in order to seek an early reinstatement.  You will generally get 2 letters from the DMV.  The first is the APS suspension, that is one year.  The second is the Court suspension, that is two years, however they run concurrently.  

Assuming the Court case and administrative hearing process are both resolved here is what you need to do in order to get your license back after a second DUI in 10 years:
  1. Get enrolled in the 18 month second offender DUI school ordered by the Court.  Take your paperwork from the Court to your chosen class and make sure they file the correct form with the DMV, they will sometimes give you the official form which you can file yourself, but you are paying them a fee so they should do it for you.  If you are a California resident you should confirm the class satisfies the requirements of the DMV. If you are a non-CA resident be sure to speak to your attorney about the options you have. Make sure the program also files the enrollment certificate with the Court as well. You must do this within 21 days of the resolution in Court so do not delay.
  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.  It is best to get the SR22 as soon as possible.  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.
  3. If the offense occurred in Los Angeles County you must install an ignition interlock device in your vehicle.  The DMV will check to verify the ownership of any vehicles registered to you or any person at the home in which you reside and have access to.  If you do not own any vehicles, use any vehicle or have access to any car at the residence there is a waiver which you can fill you and send to the DMV, but the State will not reinstate your license unless and until you install an IID in a vehicle you drive
  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.
Remember, you must first endure a 90 day hard suspension during which time you cannot be caught driving otherwise your vehicle will be impounded at you will be facing a new Misdemeanor charge.