Habitual Offender or DUI 3rd License Restoration
This guide is to provide general information regarding the process of restoring you license after it has been revoked by the Department of Motor Vehicles for prior Felony DUI 3rd conviction or Habitual Offender Law.
Consider Why Your License Has been RevokedYou license can be revoked for a number of reasons but the restoration process authorized by DMV in this instance only applies for Habitual Offender or DUI 3rd convictions.
Habitual Offender determinations ended in 1999. However, the effect of these determinations still affect licenses today. You could have been convicted of multiple lesser traffic convictions which would've led the court or DMV to make you a habitual offender.
Upon a conviction for Felony Driving Under the Influence, your license is mandatorily revoked. Even if the court does not mention this in its order, the DMV will revoke your privilege to drive upon this conviction.
Consider Your Current Driving HistoryIn either of these cases, the courts will typically consider your prior driving history in determining whether to fully restore your license or give you a restricted license to drive. When you are wondering to petition to the court, you should come before the court with a recent record that does not include traffic infractions or convictions. A recommended period of time is approximately a year since your last conviction for a normal traffic offense and at least three years from any kind of offense involving alcohol or substance abuse.
Assess the current state of your financial obligationsSometimes, because of numerous traffic convictions a petitioner's license hangs in the balance because of debts to the courts. In order for you a petition to restore driving privileges to be successful, you need to have paid your fines in full OR be in a payment plan with the court/the agent of the court who handles collections.
Consider Hiring An AttorneyAll these steps are just to make sure you are eligible to file the petition with the court. The next steps to include the actual filing of the petition and getting a date for the court to make a determination can be tough. A experienced and skilled attorney in this area can make sure to break down the steps to manageable plans of action and also make sure you aren't missing any of the steps that could be required by the court once your petition is filed. An attorney that practices in this field will be immensely helpful in making sure your petition is successful.