I got pulled over and arrested for a DUI it is a second in 4 years. In court they only charged me with a 1st time but...?

So i got 3 month of classes 3 years probation 2 days jail and 1800 fine. I got a letter from the DMV saying my liceses is suspended for 2 years but i can get a restricted in 1 year only if i do a " court-ordered 18 month class" the court did not order an 18month class. they only orderd a 3 month class. What can i do to avoid haveing to do and 18month class, i cant have my licenses suspended for 1 year it wil cause a huge financal hardship becuase i will not be able to get to work.? any advise would be helpfull. I am supposed to enrol in my classes by the 4th of april but i dont know which calss i should enroll in 18 or 3 month?

Woodland Hills, CA -

Attorney Answers (4)

Brian C Andritch

Brian C Andritch

DUI / DWI Attorney - Fresno, CA
Answered

There are two aspects to every DUI case. One is the criminal court aspect and the other is the DMV. Although in court you were not charged with a second offense DUI the DMV is aware that you infact have a prior. There are different legal standards that govern the court and DMV and even if you were to win the criminal aspect of your case the DMV could still suspend youy license. The short answer is that the DMV controls your license and if you want to get a restricte license after a year you are going to have to do the 18-month class. Sorry.

Brian Andritch
www.jeffhammerschmidt.com

Michael Rutledge Norton

Michael Rutledge Norton

DUI / DWI Attorney - Carlsbad, CA
Answered

The DMV controls your license and generally will require the 18 month class for a second conviction. You may be able to petition the courts for a critical needs finding and if granted present that to the DMV and they may grant you a restricted license. To get a critical needs finding you need to have work, school, medical or other need to travel and public transpotation is inadequate for that travel. DMV is not controlled by this finding but they will sometimes grant the restricted license if you present them with the court order and supporting documentation. This is usually done at the time of your plea but can be asked for after the fact by you or an attorney.

Aaron Reuben Bortel

Aaron Reuben Bortel

DUI / DWI Attorney - San Francisco, CA
Answered

First question is did you have a lawyer representing you in court? If so, go back to the lawyer and get them to explain what is going on. An experienced DUI lawyer should have explained what could happen with the license on a new conviction (even if only convicted of a 1st DUI) when there is a prior DMV suspension.

On a second DUI within 10 years you need to win the DMV hearing and at worst get charges reduced in court to a wet reckless to avoid the one year of no driving.

Consult with an experienced DUI lawyer.

Aaron Bortel
888-373-8000

Paul Samuel Geller

Paul Samuel Geller

DUI / DWI Attorney - Pasadena, CA
Answered

You should really consult with the lawyer that handled your 2nd, because a 2nd DUI related DMV action, let alone the court case, could cause you to have to do the second offender program which is 18 months. Additionally, DMV actions on a 2nd will cause the suspensions, again regardless of the court.

You should really have an experienced attorney help you here.

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