2ND DUI W/ TEST REFUSAL. GOT FORCED BLOOD TEST.BAC 0.11. LAST DUI convicted on 10/18/04.Can I get the IID Resttricted License ?

Convicted W/ 2ND DUI W/ TEST REFUSAL. GOT FORCED BLOOD TEST. BAC 0.11. LAST DUI convicted on 10/18/04. Sentence, 30 days jail .18 mo DUI. MADD & Penalties. Can I get the IID Resttricted License after the 90 days of supension under SB598? Or need to wait 1 year of suspension to get the IID restricted license under SB 598? Called The mandatory action unit and an individual told me that my license suspended for 2 years cause of the resufal. I asked if I can get the IID restricted license and she told me , not until 2 years. Is this right? I heard that the suspension for DUI refusal is 1 year. However, I was hoping that I can get the restricted license under SB598 after 90 days of suspension with SR-22, IID system installed in the car, Signed up for DUI program under the SB598. pls help!

Anaheim, CA -

Attorney Answers (3)

Robert Laurens Driessen

Robert Laurens Driessen

DUI / DWI Attorney - Irvine, CA
Answered

The problem in your case is that there was a refusal allegation and it appears that you lost your DMV hearing based on a refusal. On top of that this is a second time DUI. Therefore when looking at the refusal with the second time DUI there is a 2 year mandatory suspension on your license. You can attempt to appeal the ruling from the DMV but at this point that is where you stand.
Robert Driessen
www.Driessen-Litigation.com

Karina Jacobo

Karina Jacobo

DUI / DWI Attorney - San Francisco, CA
Answered

Unfortunately, you do have to wait out at least 1 year of the suspension before getting your license back. Normally, you could get your license restricted with IID installation after 90 days, but you have a 2nd REFUSAL & the statute doesn't allow you then to get your license back before then.

John Joseph VanDervoort

John Joseph VanDervoort

DUI / DWI Attorney - Chico, CA
Answered

no IDD on refusal case

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.