I lost my DMV hearing after pleading guilty to "Wet reckless". How do I obtain a restricted license ASAP?

Asked over 2 years ago - Sacramento, CA

I understand the "hard" 30 day suspension (although I received no paper work explaining that from DMV), but I need to know how I can obtain a restricted license after 30 days.

Most of the responses to similar questions say I must complete a 3 month DUI class (instead of the 12 hour class imposed by the court) but if the DMV suspension is 4 months and the class is 3 months, wouldn't that mean I can only have a restricted license for 1 month? Maybe I'm reading it wrong and I only need to be "enrolled" in one of these classes?

Lastly is there anyway out of having to take the 3 month class but take the 12hr instead? I understand it is significantly more money. And if all else fails, can I appeal the DMV hearing, and maybe get a lawyer?

I had a blood DRAW of .08 exactly

Attorney answers (6)

  1. Vincent Ronald Ross

    Contributor Level 13

    5

    Lawyers agree

    1

    Answered . When you are charged with a DUI, you really have two cases. One is the court case, the other is the DMV. While there is overlap, they are distinct. Your 12 hour class is a condition of your probation. It will not satisfy the DMV requirement that you complete the first conviction program. After an actual 30 day suspension, you may apply for a restricted license. You muist enroll in the first conviction program. You must provide proof of insurance (SR-22) and pay the re-issue fee. You may then drive to and from work, to and from school and to and from court ordered programs. After 4 months, you may get an unrestricted license. You can request an administrative appeal of the DMV hearing but you must do so within 15 days of the date of the decision. You may also appeal the DMV decision to the superior court within 34 days. However, such appeals are rarely granted and the process, especially to the superior court, can be expensive. Also, the request for an appeal does not stay the suspension, so the suspension will likely have ended before the appeal is heard.

  2. Michael Rutledge Norton

    Contributor Level 16

    3

    Lawyers agree

    Answered . It is possible to get a new DMV hearing but you will need to speak with an attorney about the specific facts of your case to see if there are grounds for one. If you are required to take the 3 month class then taking the 12 hour class will not help you with the DMV. And you can get a restricted license after 30 days if you enroll in the class and get sr-22 insurance.

  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . To get a restricted license you need to enroll in level 1 alcohol school and obtain SR 22. After 30 day hard suspension you will be eligible for restricted licens.

  4. George B. O'Neill

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I just felt that there was a better way to answer your questions...

    What you are wanting to do is purely voluntary,
    IF you want an employment license you have to follow the rules... no exceptions.

    An employment license, regardless of what happened in court, requires that you attend a three month dui class so forget about the court's sentence, they will accept the longer class.

    Additionally because you were suspended you must also file an SR22, something you will have to do eventually no matter whether you obtain a restricted license now or wait out the suspension.

    An employment/DUI class restricted license last for 5 months from WHENEVER you apply for it so don't wait around.

    And don't believe what you will hear at the DUI class because they are full of crap... any driving outside of that specific restriction will cost you thou$and$ and big time jail.

    Buddie, that's just how it is, like it or not.

    The best result of your wet reckless is if you didn't need a license and thus didn't need to attend the three month class, otherwise it was not of too much value as you are finding out... some value yes, just not too much in your case since you didn't know all of the details in advance. g

  5. Tai Christopher Bogan

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You can get your license back sooner if you had gotten a "Helmandollar Waiver" from the court.

    The Helmandollar Waiver is something in California that the court can give you if your DUI has been lowered to a different offense (such as "wet reckless") and thus your license should not be suspended by the CA Department of Motor Vehicles (DMV).

    Helmandollar versus the DMV was the name of a court case in 1992 and where the Helmandollar waiver or form name comes from. The case ended with the court requiring the DMV to set aside a suspension where a defendant is found not guilty on the charge of 23152(b) (driving with .08% or more alcohol by volume).

    In California the Department of Motor Vehicles may suspend your license if you drive with a blood alcohol level over .08%. If someone is arrested and the officer sends suspension paperwork to DMV, the DA also files criminal charges for a violation of Vehicle Code 23152(b), which is also based on driving with a blood alcohol level of .08%.
    So if the CA DMV suspends your license, but you are found not guilty of VC 23152(b), than through the "Helmandollar Waiver" the DMV should reinstate your driver's license.

    On the minute order if the DA and judge agree you can have the minute order state that “defendant was found not guilty of 23152b.”

    This is why even when you think you struck a great deal — you should have had a lawyer. If you had a lawyer then hopefully he or she tried to get this stipulation/waiver/not guilty finding for you. Sometimes the judge or DA wont go along with it.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  6. John Joseph VanDervoort

    Pro

    Contributor Level 12

    Answered . you lost license 30 days from dmv decision or if no aps dmv hearing 30 days from arrest ...then go to any dmv pay 175 reinstatement fee and show proof of enrollment not completion of duischool and sr22 form from your insurance company (not the card you have) and you will get rrestricted license 4 months. you may file a writ which is similar to an appeal but you have short period of time in which to do so and you need a class A expert attorney . there are several in Sacramento area see my web site "links" or go to calif duilawyers.org to find one hurry

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