How do I get a restricted license in CA after I received a Wet and Reckless in 2001 and a DUI in 2009?

I received a Wet and Reckless in 2001 and a DUI in 2009. Since the time a DUI stays on one's record increased from 7 to 10 years, both charges are now showing on my record and I am unable to apply for a restricted license until 1 year has passed. My mandatory 30 days of suspension has passed, I've enrolled in a DUI program, an SR-22 has been filed by my insurance company, and the $125 re-issue fee has been paid. I live over 25 miles away from the city that I work 5 days a week to support my family and there is no public transportation, no one to carpool with and my wife works earlier hours so she can't drive me. Mandatory Actions Unit has advised that there are no exceptions to receiving a restricted license until the 1 year suspension has passed... is this true or do I have options?

Nipomo, CA -

Attorney Answers (3)

George Fredrick Mueller

George Fredrick Mueller

DUI / DWI Attorney - San Diego, CA
Answered

Unfortunately, this is true.

Hudson Thomas Bair

Hudson Thomas Bair

DUI / DWI Attorney - Oakland, CA
Answered

You correctly state the law as it is now, however, recently the Legislature passed a change to the suspension on a second offense. The new law will allow people convicted of a second offense to receive a restricted license after 90 days of suspension when the driver installs an ignition interlock device and jumps through some other hoops.

Unfortunately, there are numerous unanswered questions including whether it will affect those who are currently suspended for second offenses, or only those suspended after the operative date. We also do not know if it will go into effect ONLY if the mandatory interlock device requirement goes into effect in July 2010. These remain uncertain, as of now, you should count of being suspended for the year, although you may want to check in with Mandatory Actions to see if the law change will affect you.

Lynn Gorelick

Lynn Gorelick

DUI / DWI Attorney - Hayward, CA
Answered

As Mr. Mueller stated, you are not eligible for a restriction until the year has passed. Although there is pending legislation to change this law, the funding has not yet been approved. If it is approved, it will probably not be in place until July of 2010, which will not be helpful for you.

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