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So upon sentencing of my 3rd DUI in VNCH, my sentencing required 137 days jail ( i did 2 days) 104 AA classes and 257$ fine.

Woodland Hills, CA |

I have completed all. My attorney stated that since i already completed 18 months of Alcohol education on my prior, the was no req. for it on this case, nor was it stated on my sentencing sheet. I just called DMV, MAU and the lady, stated my license is revoked for 3 years which i know, when i asked what can i do to get it reinstated, she said 12 months of an 18 month Alcohol class, when i said my terms and attorney stated i didn't need to, She says,'Either do it or DON'T" (someone didn't get laid i guess) and hung up. I called my Alcohol class and they are sending me my completion on the second DUI showing i finished my 18 months. What are my options at this point? Any help would be greatly appreciated, the attorneys on this board are so knowledgeable. Thank you and GOD BLESS.

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Attorney answers 5

Best Answer
Posted

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.

Asker

Posted

well yes i just spoke to MAU in sacramento, she says that since i refused the chemical test its 3 year hard suspension plus an 18 month class, BUT even after i complete the 18 month course i still have to wait 3 years to get my license back and in stall a IID for 2 years after the 3 year suspension is up. I hope she knew what she was talking about, either way i'm... Well you know, i dont need to say anything else...

Asker

Posted

one more question, please and thank you... so am i mandated to do the 18 month class even tho i wont get my license back in three years anyway? I know i screwed up, I know, but this is REALLY for the birds....

Matthew Murillo

Matthew Murillo

Posted

Yes. You must complete the program even though you won't get your license back for 3 years. The sooner you start, the better. Dmv won't issue a restricted until you have completed a certain amount of that program. Additionally, you will not be given a full license at the end of those 3 years, unless you complete the program by then. Until you complete it, your license will remain suspended and the best you can get would be a restricted.

Posted

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.

Asker

Posted

DMV says i need to do the 18 month class even tho it wont help me in getting my license back any sooner, 3 years hard suspension they say, after 3 years is up, and my 18 month course is done, i can apply for an IID which i would need to have for two years. I dont understand what the 18 month course is for if i cant get even a restricted before the 3 years is up.

Jennifer J Wirsching

Jennifer J Wirsching

Posted

They may be requiring that as a condition of getting a restricted. That said, an attorney call to them may help get this cleared up.

Asker

Posted

Thank you Ms. Wirsching for taking the time to respond again to my question. Thank you very much.

Jennifer J Wirsching

Jennifer J Wirsching

Posted

Very welcome. Best to you.

Posted

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.

Posted

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.

Asker

Posted

Hi Mr. Shultz; thank you for your prompts reply, when i spoke to MAU yesterday, they said i refused the chemical test and yes i did, only because i had a severe cold and had taken medication and was worried that more charges would be piled on. Does this effect the 6 month suspension in any way?

Michael Shultz

Michael Shultz

Posted

Problem, problem, problem---law says no interlock restriction available with a refusal. This happened awhile ago so you probably took your shot with the APS/DMV "refusal" hearing (the one where you received the pink DMV temporary at the time of your arrest). So, assuming you lost that one or didn't request a hearing, no interlock restriction. The following may not sound like much of a suggestion, but most electric bikes (powered by a battery and/or human power) do NOT require a license (goes about 20 mph).

Asker

Posted

I was afraid you would say that Mr. Shultz..., so honeslty..... at this point does it matter if i enroll in the 18 month class? it's $1900.00 I dont have, and its not going to do me any good for the next three years anyway correct??

Michael Shultz

Michael Shultz

Posted

I "think" that for you to be ever able to get licensed again you will need to do another SB38 program. If the court somehow didnt order the program and you don't ever want/need to be a legal driver again, you can skip the program.

Posted

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).
Good luck!

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.

Michael Shultz

Michael Shultz

Posted

Except no restriction available on a refusal and that's what this was.

Philip Leo Gagnon Jr

Philip Leo Gagnon Jr

Posted

You are correct. I didn't see that fact when I responded. I saw it later. The devil is in the details, eh?

Michael Shultz

Michael Shultz

Posted

True enough. It also seems totally unfair to penalize a refusal this way--kinda over the top I think.

Philip Leo Gagnon Jr

Philip Leo Gagnon Jr

Posted

I concur. It is time for us (attorneys familiar with the tyranny of DUI laws) to begin mobilizing our clients in an organized fashion. The laws are draconian and the "crime" is largely a fiction. I'm working on it with a former juror from one of my trials, who is a political consultant. If you are interested, I will update you when we get a little further down the road...

Michael Shultz

Michael Shultz

Posted

Total criminal fiction---count me as interested.

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