QUESTION
I’m not eligible is because I haven’t enrolled in a program yet?
Asked on May 28th, 2013 on DUI/DWI - California
More details to this question:
I have just gotten a 2nd DUI. The first was 2007. The DMV just ruled a hard suspension of a year. My court date happens on the 31st. I just got back from the DMV. Tried to apply for the restricted and they told me I was not eligible. Is the only reason I’m not eligible is because I haven’t enrolled in a program yet? (Only reason I haven’t is because my court hearing hasn't happened yet).
5 ANSWERS
Michael J. Breczinski
You can still enroll in the program and you will look good in the court's eyes.
Answered on Jun 03rd, 2013 at 1:42 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
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You should discuss this with your attorney, they should know what you need to do to get your license reinstated. Generally, on a second offense, you must be convicted for 90 days, be enrolled in a DUI program, file the SR-22 insurance, pay the reinstatement fee and install the ignition interlock device. Your situation may be different, consult your attorney or meet a DUI lawyer. Just because you were arrested for DUI doesn't mean you will be convicted.
Answered on May 29th, 2013 at 9:19 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
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No. You are not eligible because this is your second DUI in 7 years.
Answered on May 29th, 2013 at 8:39 PM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
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If this occurred in North Carolina and you are convicted of the 2nd DWI and the presiding judge does what he or she is supposed to do, you will not be eligible for a limited driving privilege for a period of at least one year. Your enrollment in any program is irrelevant. The 2nd conviction of DWI in combination with a prior DWI conviction within 7 years is considered a grossly aggravating factor and will place you at least at a Level 2 for sentencing purposes. A level 2 conviction means you are ineligible for a limited privilege for a period of at least one year which starts running on the day of your conviction not the day you were charged. For a lot people this is the beginning of the end of their license to drive in NC. Most people decide to simply continue to drive anyway because they have to get to work or for other reasons. Inevitably, these people get caught and are then convicted of an alcohol related DWLR charge - this adds an additional year of suspension. They keep driving anyway, keep getting caught and snowball themselves into a permanent revocation.
Answered on May 29th, 2013 at 5:09 AM
No. You are not eligible because you have a prior APS suspension within 10 years, and this is your second. Has nothing to do with the program.
Answered on May 28th, 2013 at 10:29 PM