I received a DUI last Monday and blew a .14. I previously received a DUI which was convicted in Spring of 2017 (about 3 and a half years ago) where I blew a .19 (this was a second offense at the time).
Is is true that my second DUI now carries a 2-year license suspension and mandatory 18-month course? I recall after my DUI in 2017 (my second in 10 years at the time, I received a wet & reckless after blowing a .04 when I was 18 in 2008), my suspension was 1 year and my class was about 6 months long. Once my license was reinstated I didn't have to install any ignition interlock device on my vehicle.
Have the laws changed since then? I know if I install an IID I can drive immediately, but I'm fine with a one-year suspension, just shocked I'm reading in some placed it's gone up to two.. Is this if my DMV suspension and criminal suspensions don't overlap? I am hoping to ask the judge to backdate my criminal suspension to match my DMV suspension at my court date in 3 months, will that work? I wish I could push the court date up. Will I have to have an IID installed after my suspension and is the course for second-offenders really a year and a half long now?
Complicated question, asker. It's fact dependent. For example, if you refuse a test, you're looking at a 2 year suspension with no eligibility for a restricted license. If you're on probation, it's a one year suspension. If you're not, your eligible for a restricted license.
In addition, how much jail time you're facing is also fact dependent. For example, if you get a second DUI out of Orange County, they'll be seeking 120 days jail, whereas, the exact same case in San Francisco, you'll look at 96 hours of jail. If your case is out of santa cruz, they tend to be a bit harder than SF or LA, but not as bad as OC. Consider hiring an attorney asap.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Generally, the second offense carries adverse licensing effects for two years, it can be IID, or one year suspended and another "restricted" it's best to discuss this with your lawyer, they can also request the suspension order from the court be back-dated to the date of the DMV suspension but only the judge can make that order, and only if they are persuaded by your lawyer.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
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