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Does DMV force me to have IID, SR-22, Alc. classes and probation even after a dry reckless conviction from court?

Los Angeles, CA |

I know in a DUI case the DMV hearing effection is different than Court.
However if i get convicted as dry reckless driving in court does it mean i may have IID, SR-22 Alc. Classes and probation for a dry reckless driving conviction from DMV?

Attorney Answers 4

  1. Best answer

    It all depends. If DMV through its administrative process suspended your license, then you will have a 4 month suspension. In order to get able to drive after the first 30 days of the suspension, you will need to enroll in an alcohol class, get and SR-22, and pay a license reinstatement fee regardless of whether your criminal case resulted in a dry recklass...unless you get a court finding of an acquittal of the VC 23152 (b) charge relating to driving with a blood alcohol level of .08 or higher, in which case DMV will set aside the suspension. If you have not resolved your case yet, you should consult an attorney in your area.

  2. The DMV does not require any of these things as a result of a reckless driving conviction, whether it be alcohol-related or not. There is one exception: If you have a prior DUI or alcohol-related reckless driving conviction in the previous ten years, it will require a 9-month school if the current reckless driving conviction is alcohol-related.

  3. No, not on a dry reckless. Had it been a wet reckless, then yes. Also, only certain DUI offenders are required to install ignition interlock devices in their vehicles as a condition of receiving restricted driving privileges. For example, courts are given the discretion to order first time DUI offenders with a blood alcohol content (BAC) level of 0.15 or greater to install an IID. It is important to note, however, that the law does not make ignition interlock devices mandatory for first time offenders.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.

  4. My guess is that you lost your license to the DMV for driving with a bac of .08% regardless of what happened in court otherwise DMV would not be involved..

    If that is what happened then Yes... if you were suspended and IF you want a restricted license for work driving. SR22 and DUI class (3 month) required. No IID. Probation?? Maybe negligent operator suspension/"probation" if you've had too many points, but that is the only "probation" they have any authority over. If you were suspended (.08% BAC) then you either wait out the four month suspension or do the class... either way an SR22 is going to be required to reinstate your suspended license. g

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