I had a 2nd DUI arrest in Orange County, CA in July 2011. The DMV suspended my license for one year, which began on Thanksgiving. The court case is still not settled. Can I apply for a restricted licence after 90 days from the DMV suspension or do I have to wait for the Court conviction?
Your posted question is something I am quite familar. Recently, I was informed by the Irvine DMV Public Safety Office that one has to wait until there is a gulty plea received, conviction entered, and 90 days has passed after this conviction to apply for a Restricted License as to a Second DUI.
I would also agree that Orange County is the toughest county for DUI cases. On a Second Dui, the District Attorney will push for 60-90 days of county jail time. I would highly recommend you consult and hire an experienced DUI Attorney who regularly practices in the court you case is being heard. Such an attorney can make a difference in the outcome of your case.
If I may be of further assistance. please contact myself.
Orange County DUI & Criminal Defense Attorney
Thanks for your posting.
The answer to your question is that, since the DMV has jurisdiction over your license, they will have the final say on your license, independent of the court process. For a second time DUI, the DMV will usually suspend for 18 months, and allow a restricted license after a hard one year (12 month) suspension.
I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.
Yes you can apply for the restricted license after a 90 hard suspension. You can apply for the restricted license while your criminal case is still ongoing. Please understand that if you were on probation for the previous DUI you are not eligible for the restricted license after 90 days, you will have to wait an entire year. I would highly recommend that you have an attorney represent you in your criminal matter as Orange County is one of the toughest counties in California on DUI offenders. Please feel free to call my office if you want a free consolation.
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