If I get convicted on a 2nd offense DUI, can I get a restricted license?
Question: I was arrested for a 2nd DUI two nights ago in Encino with Court set for Van Nuys Court. I know that a 2nd DUI conviction has much more penalty than a 1st DUI conviction. I am concerned about many things including jail. But one thing I also know is the license suspension is much longer with a 2nd DUI as compared to a 1st DUI.
If I get convicted on a 2nd offense DUI, can I get a restricted license at any point or will I not be able to drive at all for a year or two?
Answer: (*See below). Yes, a recent statute was passed allowing an Interlock Restricted driver immediately after a 2nd offense DUI conviction. It is processed through the DMV, and requires an Interlock device, SR 22 insurance, and enrollment into the 18 month alcohol program. The above is assuming this is a non-injury, non-refusal, 21 or over, 2nd offense DUI charge. If there other variables (ie. Refusal, injury and charged under VC 23153, etc) that may change the answer to this question. Call me at 818-336-1384 to discuss further. The best way to protect your driver license and yourself from other possible consequences is to have an experienced DUI Defense Attorney to represent and defend you in court.
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*NOTE: This question was updated in 2020 to be more accurate with the changing Ignition Interlock Device laws and how they effect different options for people convicted of a DUI or multiple offense DUI in California. These laws have been changing regularly. Best to call me to discuss any questions so I can answer with current law that may be updated as compared to this post (depending on when you contact me about it).