Sunday, March 24, 2013

How to figure out if you are "eligible" for "Early Reinstatement" of your California driving privilege with a 2nd DUI, attorneys explain?

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.