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On 2 year license suspension, can I get a restricted license after a year (so I was told by layman)?

Downey, CA |

On a second DUI and a refusal to take the field sobriety tests (no blood or breath or urine) my license was suspended for 2 years. I was told that I can get a license sooner, after a year, but it has to be restricted to and from work and alcohol classes or I would need to have a breathalyzer interlock device installed. Which if not both are accurate in my case. Is it possible to get it prior to the year?

Attorney Answers 2


  1. Unfortunately, when you lose your DMV hearing or are convicted of a DUI with a refusal allegation your license is suspended for the number of years that the conviction numbers (one year for a first, two for a second, etc.). I do not know of any steps that you can take to reduce the suspension below the aforementioned statutory scheme.


  2. You were suspended under the Administrative Per Se laws due to your "arrest". This is separate and completely different for a suspension for being "convicted" of a DUI. The restriction that you describe, relates only to the "conviction" suspension and, unfortunately, not to the "arrest" suspension.
    Did you have a DMV hearing? If so, depending on a number of factors, you may want to consider appealing the decision of the DMV. I suggest you contact a local attorney from California DUI Lawyers Association for an attorney in your area.

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