We received a phone call yesterday from an Attorney asking, "I have a client that was charged with a 2nd DUI, two months after his first DUI. With SR22 insurance and an IID, can my client get a restricted license?"
This question can be quite complicated. It really depends where the driver was pulled over and what strategy the attorney is going to use during the trial. Furthermore, and most importantly it really depends on when the driver was pulled over. There are four pilot counties in the State of California that require an IID after a first time DUI. These means if you receive a second DUI in these pilot counties, and both the DUI's are back to back you are probably going to lose your license . However, we have witnessed a few attorneys that have tried the two DUI convictions together, which enabled their client to be edible for a restricted license after a 90 day suspension, with the implementation of SR22 insurance and an ignition interlock device. However, this scenario probably would not come to fruition if the driver was not pulled over in a pilot county. They would not be able to obtain a restricted license because of the 90 suspension after the initial DUI conviction in a typical county. This is due to the probation period. When a driver is convicted of a DUI they first will have a restricted license for five months. After the restriction period, and while the SR22 insurance policy is in effect, they are on probation. This probation period consists of a zero tolerance rules and regulations. Meaning, that if the driver even has the scent of alcohol or seems to be impaired by drugs they will immediately be booked for a second DUI.
In conclusion, can you get your license back after a second DUI if they are back to back within the probation period. Probably not. There are scenarios in your case that may be used in court. However, from our experience that is extremely rare. A driver must be extremely cautious while and SR22 is on file.
About the Author:
Jarrett John Mahoney is owner of Breathe Easy Insurance Solutions. One of the leading insurers in the country for SR22 Insurance filing and DUI insurance protection. Breathe Easy Insurance Solutions, is a member of CDLA, the Private Defenders, CACJ, NACDL and MABA. They are also recognized as one of the fastest growing insurance brokerage's in the county.