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Can I use an ignition interlock to get my drivers license back after a second DUI?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
When a person loses his/her license due to a DUI or DWI charge, they are generally interested in learning when they can get their license reinstated. Usually there are many legal hoops, which require a certain amount of time, for the convicted individual to jump through prior to having their license reinstated. There are opportunities to petition for a restricted license when there is a great need to travel to work or other required venues. In many cases this process can be stepped up when the convicted individual agrees to have an ignition interlock device (IID) installed in their car. This device prevents them from being able to start their vehicle if their blood alcohol level is above a certain level. There is an attachment that the individual blows into that can determine the level of alcohol in the person's system revealed through their breath.
When it comes to those who desire a restricted license but are second or third time DUI violators, the decision to allow an IID to be installed in order to get a license quicker is going to depend upon the state and jurisdiction in which a person lives. In the case of California they have made it easier for a person to obtain a restricted license earlier than they could otherwise as long as they agree to have the ignition interlock device installed in their vehicle.
The California DMV document: Occupation Licensing Industry News 2010-10 clarifies how this law applies since it was passed. Specifically sections of the law allows those who have a second or third DUI offense to be able to have an IID installed in their care and receive the restricted license that accompanies this condition after they have served a mandatory suspension/revocation period of time as long as their most recent violation of the law occurred on or after July 1, 2010 and their violation was not the result of drug use.
Where California is concerned those convicted of a 2nd DUI within a ten year period will have the opportunity to acquire a restricted driver's license after a 90 day waiting period and on the condition that they install an ignition interlock device on their vehicle.
An individual will have to first check with an attorney in their state to see if similar laws are in force in their state.
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