I had a Dui exactly a year ago. I finished up all my Dui programs and classes. I'm still continuing to pay my monthly payments fine. I want to get my license back but I dont think I can because i dont have a car, which means I can't install the breathalyzer or the SR-22. Is the Breathalyzer required to get my DL back??
Criminal Defense Attorney
If you had a DUI in CA, and if it's your first DUI, you shouldn't need to have the IID. I haven't seen a single case in CA where the judge ordered the person to have the IID on a first DUI. You certainly don't need to have a car to get a restricted CDL. You should be able to get your full CDL if this was your first DUI, you have finished the programs and it's been a year since the DUI happened. Go down to the DMV and ask them to reinstate your driving privilege.
Any advice given is limited to the scope of the information that was provided in the question. Please do not take anything in the answer as a guarantee of a specific result in court. There is no way to be sure of an outcome until it happens.
DUI / DWI Attorney
I presume your DUI was in Sacramento County, which is one of the four counties in California requiring Ignition Interlock Devices after first time DUI convictions. This is a pilot program set forth in Vehicle Code VC §23700. If your conviction was for a first time DUI, under Vehicle Code 23152, the statute provides:
(A) A person convicted of a violation of Section 23152 shall be required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of five months.
(ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.
It gets worse if it is a 3rd or 4th time DUI.
If you were convicted of a violation of Section 23153 the requirements are as follows:
Install an ignition interlock device:
(i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.
The penalties increase for multiple priors.
Since you mentioned 12 months, I presume you either were convicted of a second time DUI or a first time DUI, with accident and injury.
It appears you would have covered the time period when you would have been required to install the IID in any vehicle you own or drive. If you are still within the period the court ordered you to have IID, you should still be able to get your license, but it will have a restriction printed on it indicating you can only drive a vehicle with an IID installed until the particular date ordered by the court.
I would recommend you contact your local DMV office and see if you can get your license returned. You will still have to pay a $125.00 re-issue fee, but hopefully that will be it. Hope this gets you started...
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DUI / DWI Attorney
Assuming you are in Sacramento, the IID is required after a first conviction for DUI (it is one of the 4 test counties requiring IID on first DUI's). There is an exemption form if you do not own a vehicle, but it requires you to fill it out and send it in within 30 days of receipt of IID notification from Sacramento DMV. You should call the Mandatory Actions Unit at Sacramento DMV 916 657-6525 to determine what you need to do to get your license. You can get an SR-22 on your person without having a car, and many insurance companies will issue this policy. You can try calling John MacDonald Insurance Service at 800 346-5230 to get the SR-22 or more information on the SR-22. They may also be able to access your DMV record and see what is required to help you get back on the road. Once you have the SR-22 you must maintain it for 3 years. If you let it lapse before the three years is up your license will be suspended again.
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Criminal Defense Attorney
If you do not own a vehicle, you are not required to install the IIED, however there is paperwork that needs to be submitted. Also, even if you have a license, it is unlikely that it would be legal for you to operate ANY vehicle without an IIED, so no driving Mom and Dad's car either.
SLG Criminal Law Group
515 South Flower Street
Los Angeles, CA 90071
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