If it's not court ordered, you don't have to take it if you sit out the suspension period.
If you want a restricted license, you will need to enroll in the program again. The fact that you completed it already for the 2d offense, does not mean you get credit for completing it, towards the 3d offense.
Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.
The DMV and the court are two separate things. In order to get a license back, the DMV can require you to do things even if the court didn't require you to. It seems strange that the court wouldn't require it too, but even so, the DMV can require you to do it to get your license back as I understand it.
It depends... Call mandatory actions at dmv in Sacramento.
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.
The important thing to know on a 3d dui conviction within 10 years is that you are entitled to a restricted license after serving out a 6 mo. suspension if you install an ignition interlock device, enroll in the 18 mo. program, have SR22 and pay a reinstatement fee.
To add to the guidance of my colleagues (and because you sucked up so well in your query), I would invite your attention to Vehicle Code section 13352(a)(5). That section outlines what you need to do.
Specifically, you need to contact your attorney and ask him/her to return to court to ask the court for a referral to another 18 month program [see 13352(a)(5)(F)]. Then, get signed up for the class (you should be familiar with the program, having just recently completed it, eh?). Your old 18 month program doesn't count ("For purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation."
You are entitled to credit for any suspension you have already suffered through the administrative action taken by the DMV.
So, if your recent conviction did not include use of drugs (it was purely an alcohol DUI) then;
six months of suspended driving privilege + enrollment to the new 18 month DUI program + installation of an IID (with Verification of Installation form to DMV) + SR-22 = restricted privilege to drive for the duration of your original suspension or revocation (3 years for you).
This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this information. Attorney licensed in California only.
DUI DUI as a criminal offense DUI penalties DUI sentence DUI charges DUI and driver's license penalties License reinstatement after DUI Ignition interlock device SR22 license liability insurance Driving under the influence of drugs Second DUI Third DUI Credit Criminal defense DUI and restricted license Civil penalties for DUI Criminal charges Crimes against society Defenses for criminal charges Criminal court Criminal sentencing Criminal conviction
Sign up to receive a 3-part series of useful information and legal advice about DUIs.