10 month 1st DUI license suspension
Question: I was pulled over for a Driving Under the Influence in Los Angeles, CA in November of 2013. In December the DMV took my license for 30 days. After that I signed up for the 3 month required alcohol classes and applied for a restricted license in late December 2013.
Here is where the issue starts. I did not receive a court date until April of this year. I’m almost eligible to have an unrestricted license as I’ve completed all the prerequisite alcohol course classes. Then I was told that if the courts find me guilty of a DUI, I’ll only get credit for the initial 30 days of the driver’s license suspension and will need do another 5 months on an Interlock device restricted drives license.
Is this true? Is there any way to get credit for the full 5 months of the Interlock device restricted license since I have already did five months on a restricted license? I am trying to avoid spending a total of 10 months on a restricted license for a first offense DUI.
Thank You in advance for any advice or feedback given.
Answer: Based on what you wrote, I am speculating that you did not have a DUI attorney to request a DMV hearing, to fight the license suspension based on an Admin Per Se hearing, and thus your license was suspended after your initial 30 day temporary license expired.
The DMV is quirky in many ways. One way is that they do not give credit for a restricted driver license based on an Admin Per Se DMV suspension towards the suspension based on a DUI conviction. Since your driver’s license was suspended by the DMV and you got a restricted license much earlier than any DUI conviction, the length of time of a restricted license will be longer.
Further, in Los Angeles county, if you are convicted of a VC 23152 first offense DUI, you are required to get an Interlock Device installed in your car for 5 months, and along with it comes the Interlock restricted license. That is a different restriction than a work and alcohol course restricted license.
Although it is possible to have those suspensions run concurrently so they end at the same time, it was not timed right in your case so you will have to serve a longer restricted driver license period if you want to drive immediately.
If you are able to get your DUI reduced to a lesser offense (ie. a Wet Reckless, Dry reckless, exhibition of speed, etc), you can avoid an additional driver’s license suspension based on that DUI charge.
You may want to consider speaking to a DUI Lawyer about your case before you rush into entering a plea to a DUI. Call me if you would like to discuss your case further.
DUI & DMV hearing Attorney