California residents convicted of a second or third drunk driving offense, or alcohol-related reckless driving (commonly referred to as a “wet reckless”), may now obtain early reinstatement of their driving privilege with installation of an ignition interlock device (IID) regardless of the date of their violation or conviction.
In a published decision issued by the First District Court of Appeal in Matteo v. California State Department of Motor Vehicles (First District Court of Appeal in California, Division 3 – Case No. A130542), the Court agreed with the legal arguments advanced by me and affirmed a Marin County Superior Court’s grant of a petition for writ of mandamus for my client.
Prior to the Matteo decision, the Department of Motor Vehicles (DMV) was refusing to apply the new amendments to California Vehicle Code sections 13352(a)(3) (restricted license eligibility for second offender after 90 days of suspension), 13352(a)(5) (restricted license eligibility for third offender after 180 days of suspension), and 13353.3 (early termination of Administrative Per Se suspension for excessive alcohol content).
The California DMV continues to unlawfully bar these restricted licenses to persons who were on DUI probation at the time of their second or third offense, but this too is a misinterpretation and misapplication of the law and should be challenged.
If you are seeking to have your California driver’s license reinstated following a drunk driving conviction in California, or otherwise need legal representation on a DUI related matter, contact Board Certified DUI defense attorney Paul Burglin at (415) 453-0534 or www.burglin.com.
