Get a restricted license with IID on a 2nd or 3rd offense

Posted over 3 years ago. Applies to California, 1 helpful vote

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1

Does the IID law effective July 1, 2010 (7/1/2010) apply to you?

The DMV claims the new IID law allowing a restricted license after 90 days suspension (not 1 year, not 12 months) applies only to those arrested after July 1, 2010 (7/1/2010). They are wrong. This has been challenged in these counties (and possibly others) and the judges have ruled that the DMV is wrong: Orange County San Diego County Marin County The new law should be applied to everyone with a 2nd or 3rd offense. It is intended to increase public safety by giving an incentive to repeat offenders to put the IID on. The legislature did not express an intention to eliminate those who committed the DUI before 7/1/2010. Why would they? How would that protect the public? How would eliminating those people from the incentive increase public safety? That is silly. The DMV is trying to prevent this from being applied for no practical reason.

2

What do you need to do to get the restricted license?

The new law is actually an amendment to an old law. It is Vehicle Code 13352. If your DUI was alcohol only (no drugs), and you are enrolled in your 18 month class (you do not have to complete any specific amount, just be enrolled), you have insurance, have the IID installed, and pay the required DMV fees, then just go to the DMV and ask for the restricted license. If they turn you down, do NOT accept the reasons they give you. Call an experienced DUI attorney that has won this issue already.

3

Get a restricted license fast

If you are denied a restricted license, call an experienced DUI attorney immediately. He can file for relief in court (Writ of Mandate) within a couple days. Then, within a couple more days, he can ask the judge for a restricted license (Ex Parte). But timing is critical. Yes, you have to pay the attorney. Fees vary, but I charge $2500 + filing fees and other actual costs. An experienced Writ attorney should not be too much more than that.

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