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

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?

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

Posted

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?

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Posted

Yeah I called the "mandatory actions" department and they were the ones that told me that I do not apply to the new laws. I was told to call back by my divorce lawyer who is not a DUI lawyer, to try and speak with a supervisor as some of these people at the DMV may not be as informed as they should regarding this situation. Will try to call them again tomorrow. :/

Posted

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 with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

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Posted

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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Posted

Indeed I was, unfortunately.

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