Receiving a Restricted License After a Second DUI Conviction in CA

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The answer is, in most cases, yes. Since July 1, 2010, individuals who have been convicted of a second DUI offense in California are eligible to receive a restricted license after 90 days if the following requirement have been met.

  1. Proof of enrollment in a licensed 18 or 30 month drinking driver program.
  2. Verification of installation of an ignition interlock device.
  3. SR-22 certificate of insurance.
  4. Payment of reissue and restriction fee.

If the above criteria are met, an individual is eligible for a restricted license after 90 days. The 90 days includes credit for the administrative suspension, if imposed.

Who is not eligible for a restricted license after 90 days?

There are a number of individuals who are not eligible for a restricted license after 90 days.

  1. The early restriction does not apply if the conviction was for driving under the combined influence of drugs and alcohol. If convicted an individual should try and enter a plea to a violation of Vehicle Code section 23152 subdivision (b) (driving with a blood alcohol level above .08%.) You should avoid a plea to a violation of Vehicle Code section subdivision (a).
  2. The early restriction also does not apply for individuals who were under the age of 21.
  3. The early restriction does not apply if the DMV suspended the license for refusing to submit to a chemical test.
  4. The DMV currently does not allow a restriction for individuals who were on probation at the time a second offense occurred. However, this policy of the DMV appears to be incorrect and attorneys are currently challenging the DMV.

If I am not eligible for an early restriction after 90 days when can I receive a restricted license?

An individual not eligible for a restricted license after 90 days can obtain a restricted license following a one year suspension. To obtain a restricted license after one year the individual must also complete the following:

  1. Proof of enrollment in a licensed 18 or 30 month drinking driver program.
  2. Verification of installation of an ignition interlock device.
  3. SR-22 certificate of insurance.
  4. Payment of reissue and restriction fee.

What if I do not want to have an ignition interlock device installed on my vehicle?

A second offender can apply for a work/DUI program restriction following one year of the suspension. However, if the vehicle is not equipped with an ignition interlock device (IID), the driver can only drive to work and the DUI program.

For additional questions regarding second time DUI offense or ignition interlock devices please feel free to contact our office. (559) 222-5800.

If you have any questions regarding the services provided at the Law Office of Gregory W. Fox,
or would like to schedule your free initial consultation, please contact us today at (559) 222-5800. Hablamos español.