Legal Question in DUI Law in California

I was convicted of my third dui, on 3-6-08, a felony accident dui. i served four years in prison. i have alot of restitution to pay as well. i know in a normal situation a 3rd dui carries a 3 year suspended drivers license. do i even qualify to get my license re-instated at all because of this being my 3rd dui with bodily harm? i know after 4 diu's they suspend the dl indefinatley. this is still considered my 3rd, but does this felony change that? if i do qualify for a license how do i go about geting it back?. in previous dui's, dui schools and certian requirements had to be met through the court. my case is closed so how would i go about getting all this started. my 3 year suspension would be up on 3-6-11, so could i then apply to get another license?


Asked on 1/01/11, 6:51 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Contact the DMV to find out what you need to do. If your local office can't answer your question, the Mandatory Actions unit in Sacramento can tell you.

You probably have to take the 18 month multiple offender class. You can do that at any licensed DUI school and shouldn't need a court referral to enroll.

However, with a four-year sentence, I wonder if you were also convicted of Penal Code �245(a)(1), assault with a deadly weapon, with a vehicle as the weapon. If that's the case, DMV will never give you another license.

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Answered on 1/06/11, 9:43 am


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