I beat the dui case in court, fought the dmv but more than 30 days had passed to appeal so i lost, did all my classes and went to get my license now they say I need the interlock but I had already waived the interlock and it has been 2 years without my cdl license what can i do to get my license back ? this is my second dui but my first one was 10 years ago.
A second administrative revocation for an excess BAC results in a one year revocation and a classification as a Persistent Drunk Driver by statute. A first offense with a BAC > .169 also results in you being classified as a Persistent Drunk Driver. All Persistent Drunk Drivers are required to install and maintain ignition interlock in all vehicles they own and drive for no less than 2 years from the date the license is reinstated. You cannot reinstate your CDL while your Class R driving privileges are restricted to interlock as you appear to already know.
There is no way around this mandatory requirement. The only option you would of had was to reinstate as a non-owner after serving the one year revocation and then 2 years after that you could reinstate without interlock. You cannot "waive" the interlock unless you submit the proper reinstatement paperwork as a non-owner. If you failed to submit this paperwork, you will get no credit off the interlock requirement for the period of time you were without a license.
Get free answers from experienced attorneys.
26,726 answers this week
2,874 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary