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Can my driving privileges be reinstated in FULL if I install an IID?

Huntington Beach, CA |

1st DUI, I am required by DMV to install it for 5 months, when I do will I be able to drive anywhere?

Attorney Answers 3

Posted

Is this a first offense DUI that you received in Los Angeles County, which is why the DMV is requiring the mandatory IID for 5 months? If so, then the DMV is issuing a full driving privilege for the 5 months that you have the IID device installed. They should notify you of that by letter. If you don't receive that letter, inquire with them about it. Keep in mind that the driving privilege is limited to driving a car that is properly equipped with the IID device.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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2 comments

Matthew Ian Terry

Matthew Ian Terry

Posted

Philip Hache is making a good point: check to see if your county has a pilot program in place. DMV Mandatory Actions can answer that for you.

Philip Daniel Hache

Philip Daniel Hache

Posted

Yes...and note that my answer is only applicable for the pilot counties. As Mr. Terry pointed out, contact the Mandatory Actions unit in Sacramento to clarify this answer for you and give them more specifics about your situation.

Posted

Not according to §13352 of the Vehicle Code. More information is needed (1st / 2nd / 3rd offense? Misdemeanor or felony?)

On 2nd offense convictions (not to be confused with an administrative finding from a DMV hearing), we have seen letters from the DMV seemingly presenting the driver with a choice:

After 90 days of hard suspension, they may either
(i) obtain an IID for the remainder of 2 years and drive without restriction, OR
(ii) obtain a restricted license for the remainder of 2 years but without an IID.

There are other minor requirements, such as an SR-22, but this appears to be a policy decision rather than a mandate from the Vehicle Code.

Best advice: contact Mandatory Actions in Sacramento (DMV) and they can answer your question as to your personal options, according to the relicensing requirements on your driving record. The # is 916-657-6525.

Good luck.

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Asker

Posted

1st DUI. sr22, 3-month alcohol program and an IID for 5 months is required. Convicted in LA county. I'm interested in knowing if I can drive anywhere once IID is installed, not just to-from work/class. thank you.

Matthew Ian Terry

Matthew Ian Terry

Posted

That's a pilot program. We practice out of San Diego county and the ignition interlock device is not required on 1st offenses (at this time, at least). I would strongly recommend calling the Mandatory Actions Unit at the number above. Try early in the morning too - it's hard to get through. They will be able to specifically tell you what you can & cannot do. Again, best of luck.

Posted

With a 1st DUI, you most probably will have the device installed at the time you have a restricted license for 5 months. Normally, you will have only the right to drive to and from work, to and from alcohol treatment classes, and to and from school or college classes.
if you had the device installed after your license was reinstated, subsequent to the expiration of your license suspension of four months, then you would have full driving privileges so long as the device is installed for the 5 month period.

If i may be of further assistance, please contact myself.

Best of luck to you.

Richard Grant
Orange County Criminal, DUI, and Traffic Attorney

Legal disclaimer: Please note that this answer/response does not constitute legal advice of any kind or manner. It is merely intended to provide general information for purposes to aid the poster in finding answers to the question preseented. This answer/response does not create an attorney-client relationship of any kind or manner.

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