Why You Need an Attorney If You Are a Repeat DUI Offender
Individuals arrested for a second or subsequent drunk driving arrest may assume that they will automatically lose their license for a year or more. However, with the help of a qualified attorney, you might be able to reduce the amount of time your license is suspended or obtain a restricted license. It is strongly recommended that you consult with an attorney immediately after your arrest for driving under the influence (DUI).
At Ridley Defense, we can help you understand your rights and pursue options to help you obtain driving privileges after a DUI arrest. Founding attorney Douglas Ridley is a former Ventura County Deputy District Attorney. He and the attorneys at Ridley Defense have decades of experience helping those who have been accused of drunk driving in Southern California.
If you have been arrested for a 2nd or subsequent DUI, contact our office for a complimentary consultation.
What Happens After an Arrest for a 2nd DUI?
If you have already had a DUI, you know that your license can be suspended after an arrest and after a conviction. After an arrest for a DUI, your license will likely be confiscated, and you will be given a temporary license that lasts for 30 days. After 30 days, your license will be automatically suspended for one (1) year if it is your 2nd offense.
However, you have the right to an administrative per se (APS) hearing to show that there is no basis for the suspension. You must request the APS hearing within ten (10) days of your arrest. The request places a stay on the automatic suspension of your license. Failure to request a hearing within ten days will trigger the automatic suspension.
It is in your best interest to retain a DUI attorney immediately after your arrest. They can request the hearing on your behalf and represent you throughout the process.
Can I Get a Restricted License?
If your license is suspended after a 2nd DUI arrest, you might be entitled to a restricted license. Generally, you may apply for a restricted license with the installation of an ignition interlock device (IID). The restriction will allow you to drive but will remain in place for up to 1 year.
To obtain an IID restricted license, you must:
- Make an appointment at the California Department of Motor Vehicles
- Provide proof of enrollment in a DUI program
- Provide proof of an SR-22
- Provide proof of IID installation
- Pay a fee
It is important to remember that you face two independent suspensions after a DUI arrest. A conviction for driving under the influence will trigger a suspension from the DMV. The judge does not suspend your license. The license suspensions can run concurrently.
Am I Required to Install an Ignition Interlock Device (IID)?
If you want to drive immediately after an APS suspension, you may be eligible for an IID restricted license. The IID restricted license allows you to drive a vehicle that has an ignition interlock device installed on it. You must apply for this restricted license as described above.
Additionally, if your license is suspended as the result of a 2nd DUI conviction, you may be required to install an IID to obtain driving privileges. In general, you may not be able to reinstate your driving privileges without the installation of an IID, even if you serve your full suspension period. While there are exemptions, it is imperative to discuss your case with an experienced attorney and to obey any court or DMV requirements.
Hiring a DUI Attorney
If you have been arrested for a 2nd DUI, contact our office for a complimentary consultation. Our award-winning legal team can help you understand your rights and work towards a favorable disposition on your case. Call now to discuss your case with an experienced attorney.
