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

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?

Downey, CA -

Attorney Answers (2)

Lynn Gorelick

Lynn Gorelick

DUI / DWI Attorney - Hayward, CA

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.

Hudson Thomas Bair

Hudson Thomas Bair

DUI / DWI Attorney - Oakland, CA

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.

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