First question is did you have a lawyer representing you in court? If so, go back to the lawyer and get them to explain what is going on. An experienced DUI lawyer should have explained what could happen with the license on a new conviction (even if only convicted of a 1st DUI) when there is a prior DMV suspension.
On a second DUI within 10 years you need to win the DMV hearing and at worst get charges reduced in court to a wet reckless to avoid the one year of no driving.
Consult with an experienced DUI lawyer.
You should really consult with the lawyer that handled your 2nd, because a 2nd DUI related DMV action, let alone the court case, could cause you to have to do the second offender program which is 18 months. Additionally, DMV actions on a 2nd will cause the suspensions, again regardless of the court.
You should really have an experienced attorney help you here.
There are two aspects to every DUI case. One is the criminal court aspect and the other is the DMV. Although in court you were not charged with a second offense DUI the DMV is aware that you infact have a prior. There are different legal standards that govern the court and DMV and even if you were to win the criminal aspect of your case the DMV could still suspend youy license. The short answer is that the DMV controls your license and if you want to get a restricte license after a year you are going to have to do the 18-month class. Sorry.
The DMV controls your license and generally will require the 18 month class for a second conviction. You may be able to petition the courts for a critical needs finding and if granted present that to the DMV and they may grant you a restricted license. To get a critical needs finding you need to have work, school, medical or other need to travel and public transpotation is inadequate for that travel. DMV is not controlled by this finding but they will sometimes grant the restricted license if you present them with the court order and supporting documentation. This is usually done at the time of your plea but can be asked for after the fact by you or an attorney.
DUI DUI defense DUI as a criminal offense DUI and DMV hearings DUI charges DUI arrest DUI and driver's license penalties DUI probation DUI school Travel restrictions after a DUI Second DUI Criminal defense DUI and restricted license Criminal charges Crimes against society Defenses for criminal charges Criminal arrest Criminal court Probation for criminal conviction Court orders
Sign up to receive a 3-part series of useful information and legal advice about DUIs.