Recently, the Legislature amended the law with respect to an individual’s ability to obtain a restricted license if convicted of a second violation, within ten years, of driving under the influence.
On July 1, 2010, Vehicle Code section 13352 was amended, in part, to allow an individual who has been convicted of a second violation of driving under the influence (DUI) to obtain a restricted license 90 days following the initial suspension. Nevertheless, an individual who desires to obtain a restricted license following a second conviction for driving under the influence (DUI) must meet certain requirements. One such requirement is the installation of an ignition interlock device as required by Vehicle Code section 23575.
There are, however, exceptions that may limit an individual’s right to obtain a restricted license. For instance, the right to obtain a restricted license following a second conviction for driving under the influence only applies if the underlying conviction did not include the use of drugs as defined in Section 312. Similarly, the right to obtain the restricted license also does not appear to apply to an individual whose license is only suspended by the Department of Motor Vehicles pursuant to Section 13353.2 (administrative suspension). In this regard, the Legislature failed to provide an individual with the right to obtain a restricted license if that individual resolves his or her driving under the influence case for a lesser-related offense such as a violation of Vehicle Code section 23103.5 (alcohol related reckless driving), obtains a dismissal, or is acquitted at trial. While an individual acquitted at trial is entitled to have their driving privilege reinstated, the individual who pleads to a lesser related offense, or obtains a dismissal is often not automatically entitled to have their driving privilege reinstated.
For instance, the individual whose license is suspended following the administrative suspension, but is convicted of an alcohol related reckless driving, may not be eligible for a restricted license 90 days after the initial suspension, whereby the individual who is convicted of a second driving under the influence (Veh. Code, § 23152 subd. (b)) is eligible. This seemingly unfair result in the current legislation will likely be challenged in the near future.
If you are currently being denied the right to obtain a restricted license following a second conviction for driving under the influence, you should contact an experienced Fresno Driving Under the Influence Attorney. We are available to assist you with all your questions regarding an arrest for driving under the influence. If arrested, you should always contact an experienced Fresno Criminal Defense Attorney.
If arrested in Madera County, you should contact an experienced Madera Criminal Defense Attorney.