IID-Restricted Licenses - San Francisco DUI Attorney Paul Burglin

 Posted on January 31, 2011 in DUI

 This material is taken from California Drunk Driving Law (James Publishing), by Kuwatch, Burglin & Simons.  This is copyrighted material and may not be reprinted or published without written permission from James Publishing.

If you are a multiple offender interested in the possiblity of obtaining an IID restricted license as soon as possible, please contact San Francisco DUI Attorney Paul Burglin.

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IID-Restricted Licenses Available for Most Multiple Offenders After Just 12 Months, And Sooner For Some Second And Third Offenders

Effective January 1, 2006, multiple CVC § 23152 (non-injury) and § 23153 (with injury) offenders became eligible for an IID-restricted license after just 12 months of suspension, subject to various conditions and limitations.

Effective July 1, 2010, second and third-time offenders convicted of alcohol-only DUI under CVC § 23152 (non-injury) are eligible for an IID-restricted license even sooner.  Said second-time offenders are eligible after serving just 90 days of suspension and said third time offenders after six months.  CVC §§ 13352(a)(3) and (5).  To make this earlier IID-restricted license scheme work, effective July 10, 2010, excessive-alcohol APS suspensions terminate once the offender has been convicted of a CVC § 23152 alcohol-only offense arising out of the same incident and has satisfied the conditions for an IID-restricted license under CVC §§ 13352(a)(3) (second offender) or 13352(5) (third offender).  CVC § 13353.3.  NOTE: The reason for the difference in effective dates of these statutory amendments (July 1 vs. July 10, 2010) is the belated discovery by the Legislature that the APS suspensions must terminate to make the early IID-restricted license eligibility scheme work.

IID-Restricted License Eligibility After Just 90 Days Or Six Months

(Effective July 1, 2010)

Second Offense Conviction for CVC § 23152 involving alcohol only, and no APS refusal suspension

Eligible after 90 days of suspension (credit given for APS suspension time served arising out of the same incident), subject to the following conditions:

•  Proof of enrollment in California licensed 18 or 30-month drinking driver program;
•  “Verification of Installation” of IID form submitted per CVC § 13386(g)(2);
•  SR-22 certificate of insurance;
•  Payment of reissue and restriction fees.

Third Offense Conviction for CVC § 23152 involving alcohol only, and no APS refusal suspension

Eligible after six months of suspension (credit given for APS suspension time served arising out of the same incident), subject to the same conditions as second offender (see above).

Limitations On These Early IID-Restricted Licenses For Both Second and Third Offenders

• The DMV is presently refusing to issue IID-restricted licenses under the earlier eligibility date unless the violation date is committed July 1, 2010, or later.  PRACTICE TIP:  Pending in the First District Court of Appeal, Division Three, is Matteo v. DMV (Case No. A130542), involving an appeal by the DMV seeking reversal of Marin County Superior Court Judge Verna Adams’s grant of a writ directing the DMV to apply the new law to a licensee with a violation date prior to July 1, 2010, and a conviction date subsequent to July 1, 2010.  A published decision is anticipated by Spring 2011.
  

• If the record of conviction indicates defendant was under the influence of drugs, or the combined influence of alcohol and drugs, then this earlier IID-restricted license eligibility is precluded.

• Courts retain discretion to exclude IID-restricted license eligibility for second offenders.  CVC §§ 23540(b) and 23542(d). Oddly, this specific grant of judicial discretion to exclude IID-restricted license eligibility is not legislatively extended to the Courts for third offenders!

• Early IID-restricted license eligibility does not apply to commercial licenses, nor does it apply to the non-commercial privilege (Class C license) if the commercial license holder was driving a commercial vehicle at the time of the offense.  CVC § 13352(g).

• APS refusal suspensions do not terminate early.  See CVC §13353.

• Persons under 21 years of age on the violation date are ineligible. CVC §§ 13202.5 and 13353.3(b)(3).

• DUI probationers who refuse a PAS or other chemical test are ineligible (CVC §§ 13353 and 13353.2(b)(3)), but DUI probationers found to have merely violated the zero-tolerance law are eligible.  CVC § 13353.3(b)(2)(B).

• Absent a DUI conviction arising out of the incident, persons who only suffer an APS suspension with a prior conviction or APS suspension in the preceding 10 years are ineligible because APS suspensions for excessive alcohol only terminate upon eligibility provided for in CVC § 13352(a)(3) or (5). 

 PRACTICE TIP:  Consider a petition for writ of mandamus/prohibition in Superior Court, contending that this is a mere legislative oversight leading to an absurd result,        and that the legislative intent is to include said persons.  Call Attorney Paul Burglin at  (415) 453-0534, or e-mail him at burglin@msn.com. 

• Those who opt for the early IID-restricted license cannot remove the IID after 12 months and get a work /DUI program-related restricted license under CVC § 13352.5 because they will not have served 12 months of suspension time.

Other IID-Restricted License Eligibility After 12 Months

(Effective January 1, 2006)

Eligibility For CVC § 23152 Offender With Prior

Persons convicted of a second CVC § 23152 offense who are not eligible for an IID-restricted license after 90 days because the offense  involved drugs (as defined in CVC § 312) are eligible to apply for an IID-restricted license after serving 12 months of suspension, subject to the following requirements:

• Proof of enrollment in California licensed 18 or 30-month drinking driver program;
• Verification of Installation” of IID form submitted per CVC § 13386(g)(2);
• SR-22 certificate of insurance;
• Payment of reissue and restriction fees.

CVC §§ 13352(a)(3) and 23575(f)(1).

Limitations: 

• Does not apply to commercial license holders who were driving a commercial vehicle at the time of the violation, CVC §13352(g), and those defendants who are ordered excluded from restricted license eligibility by the Court.  CVC §§ 23540 and 23542.

• APS refusal suspension periods must be completed prior to eligibility, and they are either two or three years long for a second offender.  See CVC § 13353 (some second offenders have a separate APS suspension action that did not arise out of the prior conviction incident, and that triggers a three year APS suspension on a refusal).  Credit is given for APS suspension time on the 12-month requirement imposed by CVC 13352(a)(3).

Work/DUI Program Restricted License Alternative:  Unless bound by a Court-ordered IID, second offenders may avoid the IID-installation requirement by alternatively opting for a work/DUI program-related restricted license pursuant to CVC § 13352.5.

Eligibility For CVC § 23152 Offender With Two Priors

Persons convicted of a third CVC § 23152 offense who are not eligible for an IID-restricted license after six months because the offense  involved drugs (as defined in CVC § 312) are eligible to apply for an IID-restricted license after serving 12 months of suspension, subject to the following requirements:

•  Proof of enrollment in California licensed 18 or 30-month drinking driver program;
•  “Verification of Installation” of IID form submitted per CVC § 13386(g)(2);
•  SR-22 certificate of insurance;
•  Payment of reissue and restriction fees.

CVC § 13352(a)(5). 

Limitations:

• Does not apply to commercial license holders who were driving a commercial vehicle at the time of the violation.  CVC §13352(g).

• APS refusal suspension periods must be completed prior to eligibility, and they are three years long for a third offender.  See

CVC § 13353.  Credit is given for APS suspension time on the 12-month requirement imposed by CVC 13352(a)(5). 

Eligibility For CVC § 23152 Offender With Three or More Priors

Persons convicted of a CVC § 23152 offense with three or more priors are eligible to apply for an IID-restricted license after serving 12 months of suspension, subject to the following requirements:

• Proof of completion of 12 months in California licensed 18 or 30-month drinking driver program;
• “Verification of Installation” of IID form submitted per CVC § 13386(g)(2);
• SR-22 certificate of insurance;
• Payment of reissue and restriction fees.

CVC § 13352(a)(7).

Limitations:

• Does not apply to commercial license holders who were driving a commercial vehicle at the time of the violation.  CVC §13352(g).

• APS refusal suspension periods must be completed prior to eligibility, and they are three years long for a fourth or more offender.  See CVC § 13353.  Credit is given for APS suspension time on the 12-month requirement imposed by CVC 13352(a)(7).

Eligibility For CVC § 23153 Offenders With One Or More Priors

Persons convicted of a CVC § 23153 offense with one or more priors are eligible to apply for an IID-restricted license after serving 12 months of suspension, subject to the following requirements:

•  Proof of completion of 12 months in California licensed 18 or 30-month drinking driver program;
•  “Verification of Installation” of IID form submitted per CVC § 13386(g)(2);
•  SR-22 certificate of insurance;
•  Payment of reissue and restriction fees.

CVC §§ 13352(a)(4) and (6). 

Limitations: 

• Does not apply to commercial license holders who were driving a commercial vehicle at the time of the violation.  CVC §13352(g).

• APS refusal suspension periods must be completed prior to eligibility, and they are either two or three years long depending upon the number of prior convictions and/or APS suspension actions.  See CVC § 13353.  Credit is given for APS suspension time on the 12-month requirement imposed by CVC §§13352(a)(4) and (6).

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California Drunk Driving Law
by Kuwatch, Burglin & Simons
James Publishing
Copyright © 2010
James Publishing, Inc.
ISBN: 1-58012-074-1
All rights reserved.

This publication is intended to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher does not render legal, accounting or other professional services. If legal advice or other expert assistance is required, seek the services of a competent professional.

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© 2011 Paul Burglin, esq. All Rights Reserved.