I got a Dui over three yrs ago and I didnt complete classes...Is it possible to get a restricted DL if I reenroll?

Asked almost 5 years ago - Fresno, CA

It was my 2nd DUI in CA and they where about 6 yrs apart. I started my DUI classes but was not able to finish. I havent had a DL for many yrs now. I really want to get all this straightened out so I can be legit. Anyways, my probation was for three yrs so it should be over already so I need to know what the next step should be. I still owe my fines but I cant pay those or for the classes without being able to get to and from work. I have been relying on others to get around and that has gotten very old. Yeah, I know I was not being wise in my decisions and I am paying the consequences for my actions but I just need to know if the courts or DMV would allow me to get the restricted (to and from work) DL and what I would have to do to get it.
Thanks

Attorney answers (3)

  1. Nors Elwood Davidson

    Pro

    Contributor Level 8

    Answered . Assuming that there are no other holds on your license, i.e. failures to appear/failures to pay, you should be eligible to get a restricted license. You'll need to enroll in the 18 month program and have them file your proof of enrollment with the DMV. Additionally, you will need to get an SR-22 filed with the DMV and pay a license reissue fee of approximately $125. This is all contingent, however, upon the dispositions of your DUI criminal cases. There may be other requirements placed on you by the court, i.e. and ignition interlock device or court mandated suspension period. You can confirm this information by contacting the DMV's Mandatory Action Unit in Sacramento.

    With respect to your criminal cases, you should be eligible to have them expunged from your record assuming that you've completed your probation terms, did not reoffend and paid all fines. If your DUI program was ordered as a condition of probation, you'll need to complete it before requesting an expungement. Expungement petitions are best handled by experienced attorneys, however, some courts make the process relatively simple through online forms. You'll need to look this up on the Superior Court website. I hope this helps and good luck.

  2. Richard Wagner

    Contributor Level 9

    Answered . You will never get your driving privilege reinstated by the DMV unless you enroll and complete an approved DUI program. If you have 2 DUI's within 10 years, you would be able to get a restricted license after one year, provided you get your proof of enrollment in the 18-month DUI program on file with the DMV, get an SR-22 on file with the DMV, install an ignition interlock device on your ride, and pay the DMV fees. The restricted license will allow you to and from work, to and from the alcohol program and within the course and scope of your employment.

    The court can't give you a restricted license. The court can only reinstate your probation (which is probably revoked because you failed to do the program and pay the fines) and give you permission to re-enroll in the DUI program.

    http://libertybelllaw.com/our_attorneys.asp

  3. Terry Alan Wapner

    Pro

    Contributor Level 11

    Answered . You will have to complete the 18 month DUI school in order to get you license back. In addition, if you are in collections because you haven't kept up a payment schedule or paid your fines, the DMV will hold up your license also. You may be able to get a restricted license after 1 year of the suspension by enrolling in the class and installing the ignition interlock device on your car. Check with the DMV. Unfortunately, you will have to pay the fines and get into the classes first.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,602 answers this week

2,995 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,602 answers this week

2,995 attorneys answering