Telephone: (619) 218-2997 - Toll Free: (800)843-5293 - Fax: (858) 451-9097 - Email: rick@sandiegodui.com

Early Reinstatement on Second DUI Available 90 Days after Suspension If Eligible & IID

The DMV can only suspend one year after the administrative per se DMV hearing if .08% or more BAC. (If legally determined a refusal or drugs, a driver may not be eligible. Contact a San Diego DUI lawyer for advice.)

A second San Diego DUI court conviction triggers a two year DMV suspension (convertible to a restriction if not on probation, not a refusal and no drugs).

DMV administrative per se decisions and Court convictions are separate & independent from each other.

After a San Diego non-drugs Vehicle Code Section 23152 conviction, DMV will usually send out a notice which states, in relevant part, on page 2:

SENATE BILL 598 (2009): ALLOWS A SECOND OR THIRD OFFENDER CONVICTED OF DRIVING UNDER THE
INFLUENCE OF ALCOHOL ONLY (§23152 CVC ONLY) TO REINSTATE THE NON-COMMERCIAL DRIVING
PRIVILEGE EARLY WHEN AN lID IS INSTALLED. COMMERCIAL DRIVERS ARE NOT ELIGIBLE FOR
THIS lID RESTRICTION. A SECOND OFFENDER WHO APPLIES FOR EARLY REINSTATEMENT MUST
SERVE AT LEAST 90 DAYS OF THE REQUIRED SUSPENSION PERIOD….

Click on the underlined information (relevant portion inserted by San Diego DUI attorney below):

1. DMV restriction:

(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (3) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later.

2. DMV will tell the eligible driver per California DMV guidelines:

DMV Referral or Early Reinstatement of License with IID Installation

Term of IID Restriction—The term of IID restrictions remain in effect for the remainder of the original suspension/revocation term. Drivers that fail to comply with the IID requirement will be suspended/revoked for the remainder of the original suspension/revocation term.

Notification—A notification of the early reinstatement option will be mailed to second or third DUI offenders convicted of VC §23152 through a Driving Under the Influence (DUI) Reinstatement Requirements New Laws insert (DUI IID Insert) that will be included with their suspension/revocation notice. When programming is in place, the suspension/revocation notices will include the early reinstatement option. (See p. 2 excerpt, above.)

3. Ignition Interlock Device Provider Chick Richardson’s reliable Advantage Interlock Company, the IID source, can tell the eligible driver more specifically, as they install the Interlock & have daily hands-on experience.

To get an IID installed, simply contact Advantage Interlock Company at clientcare@advantageinterlock.com. Visit http://advantageinterlock.com/ for details. Or Call 1-800-961-4684. Installation on a San Diego DUI probationer’s vehicle is probably at 7740 COPLEY PARK PLACE, San Diego, California, 92111.

For more San Diego DUI Attorney “Early Reinstatement with IID” Information on this subject, visit this California DUI Lawyer Center Blog link.

This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm.

By: Rick Mueller

© 2014 San Diego County DUI Law Center - All Rights Reserved.

San Diego County DUI Law Center
501 West Broadway, Suite A 130, San Diego, CA 92101