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When can I get my license back? 2nd DUI.

Paramount, CA |

I just got my license suspended for 2 years from the DMV, which started in Jan 2012. I went to court already and got 96 hrs. in jail and was told to enroll in an 18 month alcohol program. The judge didn't say anything about a license suspension, but not to drive w/o a valid license. I have reseached about the suspension and found out that 1 year of the suspension is a "hard" suspension. I also came across SB 598. Exactly how can this recently passed law help me get a license to get to work, school and the court affiliated obligations I must do? What would be the fastest way to get driving again?

I refused the test, because I was not pulled over. I was arrested at home well over an hour after I had last drove.

Attorney Answers 2

Posted

While I'm sure that you are not feeling that lucky, if it had to happen you picked a good year! Whereas it would normally be one year before you could be licensed, this year you are able to apply for a license after serving 3 months of the suspension. This will be resolved between you, the DMV, and an car interlock device company. You will probably be contacted by DMV and notified of this procedure, but if not go to the DMV after having served three months of the suspension. With the IID installed in your vehicle you will be able to drive again so long as the device does not detect alcohol. What I have told you assumes a "normal' DUI, no refusal, and no DUI probation violation. At least this will help get you started. Also the license is unrestricted. George

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Posted

may i ask? I asked the DMV hearing officer if I can apply for a restricted and he said no. Not with a 2nd, Period. I mentioned I live alone, only supporter of my income to keep home etc No metro in my area (rural) so it IS possible? riverside co. ca. tks

Posted

It is not uncommon for the DMV to issue a restricted license to allow an offender an opportunity to drive to work, school and for necessities such as medical care.

You should contact the lawyer who handled your DUI case for further information. Also, at the very least you can go into DMV with proof of insurance and inquire if you pay the required fee whether you are eligible for a restricted license.

One thing for sure, do not ever get into a car after having any alcohol, even a gklas of wine or a can of beer. If you are stopped by an officer, he will no doubt smell alcohol once you roll down the window or open the door. That will begin the field test and the chance of being charged with another DUI, something you do not want to happen again.

Lastly, if you apply for a professional state Board license or have one, you will have to disclose this conviction, even if later dismissed (expunged). Most employers also have applications that require an answer to whether a prospective employee has ever had a conviction. If you do not answer the questions truthfully, the consequences can be even more severe.

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