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Is it possible to get a restricted license to go to and from work after a second DUI?

Roseville, CA |
Attorney answers 5

Posted

I would want to know what county you got the second DUI init actually makes a difference

Asker

Posted

First DUI was in Nevada county second in sacramento county

Michael Korry Bialys

Michael Korry Bialys

Posted

in Sacramento you would be eligible for a pilot program that allows you to get a restricted license after 90 days not 1 year you have to install an ignition interlock device on your vehicle and you should consult with a lawyer

Asker

Posted

Would I go to DMV to get try to get in this pilot program?

Michael Korry Bialys

Michael Korry Bialys

Posted

you can call my office and I will explain everything is just easier that way

Posted

If convicted of a 2nd DUI you will get suspended for two years. After three months you can usually get a license if you have an ignition interlock installed in your vehicle. You will need to keep the interlock (and pay for it) until the two years is up. Until this recent change in the law, you would have a one year suspension (no driving at all) and then could get the ignition interlock installed in your car for the next year.

Prior DUI's count from date of Arrest. If your new arrest was more than 10 years since your old Arrest date, this would be a first DUI.

Posted

Yes after 90 days of suspension on a 2 nd dui you can get a restricted
license if you spy dmv, insurance Sr22, enroll in sb38 multiple conviction
program, and install iid in car. Consult an attorney for specifics
>

Posted

I agree with my collegues that on a second DUI conviction, an individual may be able to obtain a license to drive. However, the 90 days starts after the date of conviction, not when DMV may suspend based on an administrative finding of driving, at the time of driving that the blood alcohol was .08 or higher, and that the arrest was lawful. Moreover, if the arrest occurred in Placer County, it is one of the worst counties to have criminal charges for a DUI as it relates to jail time, part of it in may be required to be in custody depending on the circumstances including the blood alcohol level.

Asker

Posted

DUI was in sacramento county and the bal was .08

Joshua Kaizuka

Joshua Kaizuka

Posted

If the case has not yet resolved and the BAC was .08, then you should be looking for an experienced DUI attorney in Sacramento County. Depending on the circumstances, there may be defenses and also a possibility of a wet reckless 2nd.

Asker

Posted

It was already resolved. Convicted of a DUI. Now I'm just trying to get my restricted license to get to and from work

Joshua Kaizuka

Joshua Kaizuka

Posted

Get a SR-22 and set up an appointment to get an IID installed on the 91 day after conviction. After that, go back to DMV and pay the reinstatement fee.

Asker

Posted

So the first month I have done without a license doesn't count? I have to wAit an additional 91 days until I can start all of this?

Joshua Kaizuka

Joshua Kaizuka

Posted

If it weren't for the change in law a few years ago, on a second DUI, would have had to wait a year so although it is 90 days after conviction, better than before.

Posted

Yes, after 90 days.

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

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