QUESTION
Can I get a new driver’s license without doing classes?
Asked on May 08th, 2013 on DUI/DWI - California
More details to this question:
I got a DUI in CA, no BAC. I went to a 90 day rehab and the judge disposed my case but DMV suspended my licenses for not going to a first offender 3 month class after rehab. I moved to NV. Now I need a diver’s license.
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
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You may want to contact the DMV in NV.
Answered on May 15th, 2013 at 4:57 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
To clarify, were you ever convicted of a DUI, or no? If you were convicted of a DUI in California, then there is a license suspension and the DMV requires you to perform a 3 month alcohol course (or more depending on situation). If you were not convicted of a DUI, but failed to request, or lost an APS hearing, then there could be a separate drivers license suspension, which can come and go without requiring completion of the 3 month alcohol course (assuming you don't want to get a restricted license in the meantime). You say that there was no BAC so it was a drug related DUI (no alcohol involved)? If so, then there should not be any direct DMV suspension based on an APS hearing, although if there was a DUI conviction, then still the license suspension. Feel free to contact me through 1duilawyer.com so I can better understand what exactly is going on with your case and what has happened up to this point. The DMV is filled with many different variables that can be complex, and sometimes illogical. There also can be options to get an out of state license if you no longer live in CA, and agree not to drive in the state for 3 years through a 1650 waiver. Contact me to discuss your potential options.
Answered on May 10th, 2013 at 11:08 AM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
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If you live out of state you can get a waiver for the DUI program from the Mandatory Actions Unit of the CA DMV. The only hitch is that you can't re-license in CA for 5 years, otherwise, if you were convicted of VC 23152 you must complete a CA DUI program crazy since alcohol was not an issue but, it's the law. A DUI lawyer may have been able to get a lesser conviction that would have saved your driver's license and prevented this problem.
Answered on May 10th, 2013 at 5:54 AM