3rd DUI in 2007, can I get a IID to get license re-instated with the new 2012 California law?

Asked almost 2 years ago - San Diego, CA

I got a 3rd DUI in California 5 years ago in 2007. Served 240 days in jail. Fines and 18 month DUI programed were waived, so I was not required by the court to complete these. I am no longer on probation and the 3 year suspension is long over with. I AM required by the DMV to complete the 18 month DUI classes, which is fine.... but given the fact that I cannot drive, it is not possible for me to reliably get to these classes. I have read that after 5 years from the last DUI that I can have my license re-instated if I: Get an IID installed, proof of enrollment in the DUI classes, and proof of insurance. The DMV told me though that since my DUI's were before the new laws that it does not apply to me, and I still have to do at least 1 year of classes. That does not seem right? What do I do?

Additional information

Update: Called the DMV in Sacramento, they still say that I have to do at least 12 months of the classes before I become eligible for the IID. If I got my 3rd DUI this year, I would be able to get an IID. :/

Attorney answers (3)

  1. Bradley R Corbett

    Contributor Level 11

    2

    Lawyers agree

    Answered . The DMV is a mess. Its frustrating that because of a change in laws it would negatively affect you. Have you tried calling the DMV's "mandatory actions" department in Sacramento to see if there is anything they can do?

  2. Mark K Rosenfeld

    Contributor Level 15

    2

    Lawyers agree

    Answered . That is not exactly right... however, I fear that there is more going on here. Talk to a good local DUI attorney for help. Expect to have to pay for legal services.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  3. David Philip Shapiro

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The problem likely is that you were on probation for one of the priors at the time you picked up your 3rd.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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