How do I get my Driving Privileges back if arrested for my Second DUI in San Diego county?rick
2. If your California license was confiscated by San Diego DUI police, your lawyer could show you how to immediately get it back.
3. The 10 Day Deadline is critical. Make sure your San Diego DUI attorney contacts California DMV within 10 calendar days of your arrest.
4. The penalties for a second San Diego DUI within 10 years of another DUI in California include a 2 year license suspension if convicted. See Penalties here.
5. Take a look at the top of your pink California DMV “Age 21 and Older Administrative Per Se Suspension/Revocation Order and Temporary Driver License.”
Your San Diego DUI lawyer should ask you which boxes were checked:
0.01% or more BAC DUI Probation
0.04% or more BAC/COMM VEH
0.08% or more BAC Chemical Test Results
PAS or other Chemical Test Refusal – (DUI Probation)
Chemical Test Refusal
Forced Blood Test?
Your San Diego DUI attorney’s DMV administrative scheduling decision should depend on which boxes were checked and which boxes were not checked. As it states in the paragraph under TEMPORARY DRIVER LICENSE, California must give proper notice as which action is taken and under what authority (California Vehicle Code Section 13353, 13353.1, 13353.2 or 13389). If proper notice was not given to you, your San Diego DUI lawyer may be able to take advantage of that and minimize any license suspension ramifications.
6. In formulating an approach to regaining your driving privileges as soon as possible, it is important for your San Diego DUI attorney to fully understand the issues at any scheduled California DMV hearing.
7. If your San Diego DUI attorney does not win the administrative hearing, you will be shown how to get Early Reinstatement of your driving privileges in 90 days.
8. If you are eligible for Early Reinstatement after 90 days, you will need to do these 4 things:
A. Install an Ignition Interlock Device on your vehicle with proof to California DMV;
B. Enroll in a California DUI Program in San Diego;
C. Have an Insurance Company file an SR-22 with California DMV; and
D. Pay California DMV Reissue Fees.
Bottom Line: Take advantage of the prospect of avoiding the huge difference between not being able to drive for 2 years in California vs. getting an Early Reinstatement of your driving privileges after 90 days.