I was received a 3rd DUI on 2/24/2010 wasnt convicted until 7/12/210. I am trying to get a restricted DL so I can drive to work

First, some basics: Simple DUI-related DMV suspensions are handed down like this: 1st DUI - 4-month APS suspension; 6 months if convicted of DUI; 2nd DUI - 1 year suspension (APS) or 2 years upon conviction; 3rd DUI - 1 year APS suspension; 3 year revocation upon conviction; Suspensions are enhanced with a refusal, being under 21 at the time of the offense, conviction for a felony or VC 23153 (DUI w injury), etc., too many variations to set out here. The DMV gives conflicting answers occasionally because not everyone there understands how restricted license possibilities run with the above suspensions, recent changes in the law, and suspensions that can arise for other reasons (e.g. health, separate driving offenses that lead to negligent operator points, etc.). You've done the hard part in serving custody time in your case and enrolling in the SB-38 18-month program. Congratuations on sobering up. Here is the Vehicle Code Section 13352(5) which pertains to you: ...Upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548, or, if available in the county of the person's residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code.... The department shall advise the person that he or she may apply to the department for a restriction of the driving privilege, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, subject to the following conditions: (A) Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation. (B) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. (C) The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386. (D) The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575. (E) The person provides proof of financial responsibility, as defined in Section 16430. So, with IID installed, if your case were just an alcohol DUI, if you provide proof of enrollment in the 18-mo. class, pay all required by DMV, file your SR-22, you may be on the road after six months of hard suspension. My advice is bring your "H-6 DMV printout" to a local attorney to confirm whether there are other reasons the suspension could last longer. And keep up the self-help meetings: Since you are in an elevated risk category due to multiple priors, be aware that you will have zero chance to drive your sons or work in your preferred occupation if you get another DUI and are sent to prison. Good luck.

Well, there are technically two potential suspensions. One based directly from the DMV (if you had a .08 or higher BAC, and you did not request an APS hearing through the DMV, then that suspension most likely started 30 days after your arrest). Assuming that is the case, then there was a 2nd suspension that should have been issued upon getting convicted of the DUI in Court (the Court forwards the conviction to the DMV, and the DMV implements a suspension based on that conviction). That may explain why you have been getting conflicting answers of when the suspension (should have) started. There is a new law in California that was enacted on 7/1/10 that allows 3rd DUI offenders to get a restricted license after 6 months of a license suspension when they get an Interlock installed in their car(s). I am not sure if you will be eligible for this though since you were arrested prior to the 7/1/10 date. It is my understanding that the arrest has to happen after 7/1/10 in order to get this benefit, but It is worth looking into though (perhaps hire an attorney in your area to research it further...it's a new law and there has been some confusion about it in the industry).

With apologies, I must amplify my above response as I just saw your offense date: it was the law at the time of your offense that you would have to wait one year before eligibility for driving privilege was available. Keep attending your DUI class but attempt to apply for the restricted at the six-month point in your suspension. If they catch it, you may have to wait out the year, but DMV is still adapting to the changed law. Good luck.

Holy crap, don't listen to any of the answers you got so far. The new law went into effect 7/1/201 DOES APPLY TO YOU! You can get a restricted license after 6 months of suspension. IT DOES NOT MATTER WHEN YOU GOT INTO THE CLASS as long as you are in.IT DOES NOT MATTER THAT YOUR OFFENSE WAS COMMITTED BEFORE 7/1/2010. YOU DO NOT HAVE TO WAIT 12 MONTHS. Further, if the DMV suspended your license BEFORE you were convicted, YOU GET CREDIT FOR THAT SUSPENSION. So, it looks like you are already eligible. DO NOT LISTEN TO THE DMV, listen to an attorney that has already WON this issue twice ME. Please contact me or someone that gives you answers that conforms to this response. NOBODY AT THE DMV WILL TELL YOU THIS, until we have a court of appeal force them to (which is in the works). This issue has been won at least 5 times that I know of. 2 times in orange County by me. 1 time in Orange county by another attorney. 2 times in Marin County by other attorneys.