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Can I apply driver's license after finishing DUI program without IDD?
Anonymous4 views3 answers
I got arrested 12/23 for DUI at LA COUNTY, CA.
Court at 2/24/2011 and then I got 3 yrs probation with 3 month dui program.
DMV suspended my DL for 6 month which is from 2/24 -8/24/2011.
Now I am done everything including dui program, aa meetings and MADD program.
My license suspension is until 24 AUG 2011. But can I apply my license back now?
I have not applied for DL since I didnt want to get IDD on my car.
Or do I require IDD for 6months even from now with restrcted license and then apply for full DL?
I am kind of worried because some people said I have to get the IDD device with restricted license for 6 months first and then apply for full DL.
Please let me know.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
For a first DUI, which is what it sounds like you were convicted of, you don't have to install an IID in order to get a restricted license. There is no way to get a full license back, but you can get a restricted license for the remainder of your suspension, without IID. On 8/24/11 you will get your full license back, whether or not you ever had a restricted license.
A court can also order you to install an IID on all of your vehicles. This has nothing to do with the status of your license and does not come with any restrictions on when and where you drive. In LA, I believe that all people convicted of a first DUI are ordered to place an IID on all of their vehicles for five months. This does not come with any restrictions on your driving. Nor does it relieve you of any restrictions imposed by the DMV.
The pilot program created by AB 91 makes it mandatory for everyone convicted of a DUI, whether a first time or repeat offender, to install an ignition interlock device in every vehicle they own and operate. Only four counties are participating in the program: Alameda, Los Angeles, Sacramento and Tulare Counties. Unfortunately for you Los Angeles is part of this pilot program which means you had to either install the IID or give a written declaration that you do not own or posses a vehicle. The best way to determine what you need to get your license back is to contact the DMV’s Mandatory Actions Unit in Sacramento and they will explain everything you need to do to get a valid license.
Robert Driessen
The mandatory IID for a first offense DUI in Los Angeles county under VC 23700 is 5 months. It is possible to get the exempt from having to get the IID device, but that is something that has to be applied for within 30 days after receiving notification of the IID restriction from the DMV. Did you apply for the exemption in a timely manner?
If not, then you will have to get the IID installed. If you did apply for and qualify for the exemption, you would still have to get the IID device once you own or have access to a car pursuant to VC 23700.
Also, often the Courts make complying with the DMV in terms of the IID restriction a part of your probation, if that is the case with your probation, that is another reason to comply with the DMV on this matter. You can visit my website for more details about this statute that may help answer some questions you still have.
