Legal Question in DUI Law in California
I was convicted of a 2nd DUI three years ago, I was told by the DMV (7 months ago) that I still have to complete the 18 month class. After I enroll in the school , can I immediately apply for the restricted licence? (since the 2nd conviction was three years ago) Would I have to install a locking device? I'm pretty positive my court obligations are filled.
4 Answers from Attorneys
With a second you are not entitled to a restricted
Any and all questions about your specific license requirements will be answered by DMV upon review of your specific record. Contact them. Theirs is the final word on it.
Effective January 1, 2006, multiple DUI offenders became eligible for an Ignition Interlock Device restricted license after just 12 months of a suspension, subject to various conditions and limitations. You have to show proof of enrollment in California 18 month program, verification of installation of IID submitted per California Vehicle Code Section 13386(g)(2), filing of SR-22 by your insurance company and payment of reissue and restriction fees to DMV. [California Vehicle Code Section 13352(a)(3) and 23575(f)(1)]
Limitation: This does not apply to commercial license holders who were driving a commercial vehicle at time of the DUI.
See http://www.sandiegoduilawyer.com/penalty.html for California DUI Penalties.
Good luck.
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