Restricted License on Second Offense DUI

The California Legislature has passed a law that would appear to make defendants convicted of a second DUI eligible for a restricted license earlier. The new law comes into effect on July 1, 2010.

Under the current law, a defendant convicted of a second DUI offense within ten years is suspended by the DMV for two years. However, the DMV will allow restricted license privileges after one year subject to conditions. The conditions are that the licensee is enrolled in an 18 month alcohol education program, files proof of insurance on an SR22 form, installs in his or her vehicle an ignition interlock device and pays a re-instatement fee to the DMV.

Under the new law, the defendant would be eligible for a restricted license after completing 90 days of the two year suspension, subject to the same conditions as above.

However, the new law would only help defendants to re-instate their driving privileges early if they win the seperate DMV APS hearing. If the DMV hearing is lost, the local Driver Safety Office will suspend for a full year, seperate to the consequences stemming from the court conviction.

A restricted license allows driving to and from work and for the purposes of work.

In Los Angeles and Orange Counties, the loss of driving privileges for a year or more can lead to loss of employment and serious finacial consequences. Few people can afford a private driver or taxi fares each day, and public transport is often inadequate. However, the only way to avoid a suspension on a second offense is to win the DMV hearing and avoid a DUI conviction in Court.

If you are facing a prosecution for DUI and you have a prior DUI or Wet Reckless conciction within the past ten years, please call Los Angeles and Orange County DUI Defense Lawyers, Gold & Witham for a free consultation.

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