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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118059
Experience:  Attorney with over 24 years of law and traffic law
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This question CA DUI Attorney. I have 3 DUIs. I was ordered

Customer Question

This question for a CA DUI Attorney.
I have 3 DUIs. I was ordered by the court to complete a 18 months program and was required for a DUI Device.
I have completed the 12 months. Can I get a restriction license and remove the DUI Device.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
On a 2nd DUI you would have a chance of early removal of device, but on a felony 3rd DUI, 12 months is not sufficient for them to agree to a restricted license and removal of the device. You will not even have a chance at removal and a restricted license until you have done at least 18-24 months. Even at 18 months it is rare and you would need to show good reviews from the alcohol program and proof of continuing treatment. You will need to complete at least the 18 months and you can apply then for the restricted license and submit proof of the program and letters of support from your substance abuse counselors.
Customer: replied 1 year ago.
The DUIs were all in Santa Barbara County (the 1st was WRest. & the other were DUIS. My 3rd DUI is not a felony. My 3rd DUI program is for only 18 months.
The 12 months, you go for 26 - 2 hrs classes and 24 - 15 min classes. The last 6 months, you go once a month - 1 hr session.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So, if your 3rd was not a felony and you have completed the 12 months, then you may apply for the early release and restricted license. It is the felony DUI that is much stricter. So yes, after the 12 months, you can apply to the court with a motion for early release and you still need supporting documentation from the program showing you have been in compliance and ask the court to allow early release and a restricted license, which you then have to bring to DMV, since they have the final say (if the court allows it then most all times they will issue one).