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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Getting a Restricted License After a DUI

    My question involves criminal law for the state of: California

    Background: At age 19 I got a DUI infraction ticket, was allowed to drive home because BAC was very low. However, California's zero tolerance law left me with minor fines and a 1-year loss of driver's license.

    Recently, at age 23 I got a DUI, didn't request DMV hearing within the 10 day limit, appeared in court, pled guilty and here's the outcome of that:

    1. Court suspends imposition of sentence & grants defendant conditional probation, term of 3 years.

    2. Instead of jail time, 2 days of work release thru probation dept.

    3. Various fines paid

    3. Under the DUI/Driver's License Conditions section, the judge checked "Shall not drive unless licensed and insured and zero alcohol allowed in body.

    4. Also "Must attend & complete program at C.O.R.R. in our county, the "1st offender" box was checked, and the program length was to be 9 months.
    _______

    Here are my questions and what I can't figure out at this point.

    1. For the court, this is considered a first offense. The court had no record of my under-21 DUI infraction....possibly because 3 years have passed since that?

    2. DMV is the issue I don't understand. They WILL know about the earlier DUI infraction. I have more questions here:

    a. Does it matter that the first DUI was an infraction, or is it the same as a conviction in their minds?

    b. How does this current one relate to the first one?

    c. I need at least a restricted license for school. What are my chances of this?


    I will NEVER drink and drive again, no problem there, but I need to get my life back on track and in order to continue school (I'm about to transfer to a UC as a junior, desperately need ability to drive there as I'm 65 miles away. I just don't understand all the legalities of my situation and what, if anything I can do to get my normal life back on track with driving and school.

    I also don't understand the court ruling compared to DMV. It sounds like DMV operates entirely separate from the court. The court ordered 9 months of DUI school, but when I went to the first DUI school the teacher there said DMV could require 18 months, and if I did the 9 months only they could make me go back and do 18 months separately, and she made it all sound very gloomy and hopeless. What's the fact here about all this?

    Thanks for any help on this.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting a Restricted License After a DUI

    1. I would have expected them to detect it.

    2. Read this.

  3. #3
    Join Date
    Jan 2010
    Location
    orange county, california
    Posts
    13

    Default Re: Getting a Restricted License After a DUI

    call the madatory actions unit. It only matters what dmv considers the previous charge as. I more than likely is dui since you were a minor and your legal limit to operate a vehicle is 0. Since you were above the legal limit, you violated the vc 23152 (a). For a second offense you have a 1 yr hard suspension.

    Also, let me be clear on this. IF you dont talk to mandatory actions unit and complete your 9 months 1st offender class and go to dmv and they dont accept it as first offense they require 18 month multiople offender and you must re-enroll.

    In some situations people must complete 1 yr of the program prior to restrictions being allowed. This is reqardlless of the hard suspension. So the earlier you get enrolled and partiicipating the better.

    If your caught driving on suspended license your license will be revoke for the term of your probation. If you get kicked out of program, suspended until complete.

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