Early Reinstatement on Second DUI Available after Suspension & IID Installation
The DMV can only suspend one year after the administrative per se DMV hearing if .08% or more BAC. If legally determined on San Diego DUI probation, a refusal or drugs, a driver is usually not 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, a refusal or 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 IID 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):
(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:
The term of any 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. An Ignition Interlock Device Provider can tell the eligible driver more specifically, as they install the Interlock & have daily hands-on experience.
Driving During the Scope of Your Employment
You may drive your employer’s vehicle during the scope of your employment without an IID if you currently possess an IID-restricted driver license. To qualify, you must complete a Notice to Employers Ignition Restriction (PDF)(DL 923) form and provide it to your employer. You are also required to keep a copy of the form in your possession or with your employer’s vehicle. You are not eligible to substitute this Notice if you have any ownership in the business.
For more San Diego DUI Attorney “Early Reinstatement with IID” Information on this subject, visit this California DUI Lawyer Center Blog link.