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.
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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.

