So you got arrested for drunk driving and have a prior DUI (in California or out-of-state) within 10 years of this new one, California lawyers ask? You're worried about your driving privilege and the prospect of not being able to legally drive in California for 2 years under the law, DUI attorneys know.
A complicated situation has arisen. The first thing you need to do is have the Date of Conviction and the length of your probation period for your first DUI available should a probing California lawyer inquire.
This is important since it could be the difference between not driving for 1 year vs. 90 days, California DUI attorneys point out. California drunk driving law permits a driver who installs an Ignition Interlock Device to apply for Early Reinstatement of one's restricted driver's license after 90 days of a DMV suspension and court conviction IF:
1. You are NOT on probation for your previous DUI (which requires you NOT to drive with .01%);
2. You did NOT refuse the Implied Consent chemical (breath or blood) test on your new California DUI; and
3. No drugs were involved in the new case which could be interpreted by DMV as a drug-related DUI case vs. a straight alcohol California DUI case.
If so eligible, upon doing 4 things, you could be driving again:
1. Enroll in Multiple Conviction California DUI Program;
2. Install an Ignition Interlock Device (IID) on your vehicle;
3. Have an Insurance Company file an SR-22; and
4. Pay California DMV reissue fees.
For further details, email the San Diego County California DUI Law Center.