Legal Question in DUI Law in California

I had two vc 23152(b)'s in Dec. 2018 and a vc 23152(g) in March 2019. I had a restricted lincence issued to me in April 2019.

I was sentenced and convicted for all three on August 2, 2019. When I got out of Jail in September, I had an intoxalock installed in my car. But upon going to the DMV today, Nov. 4 2019, Mandatory Action said I was not eligible for either to IID or a restricted license for a hard year after my conviction. Been on the phone with them three times today and keep getting different answers.

I am now forced to what `walk? to five treatment obligations and 2 drug tests a week and DUI court?

Since the last problem was in 2019 shouldn't SB 1046 allow me the IID with SB-38 and an SR-22??


Asked on 11/04/19, 6:32 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Normally, DMV has the 'final' answer on all such questions, whether they are right or wrong. You could attempt to file a formal appeal through DMV Appeals. If you could show clearly that they are wrong in their interpretation of the law [doubtful, as government attorneys have already approved DMV's position and opinion], you would have a 'chance' of success. No ethical attorney is going to promise you success to get you to hire and pay him, either for that DMV appeal, or the Court appeal that theoretically you could file to contest your loss of DMV appeal. If you are sure DMV is wrong, you could pursue this on principle, but neither appeal is going to be free or 'pro bono'. Choose wisely, not emotionally.

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Answered on 11/05/19, 4:11 pm


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