Tuesday, May 28, 2024

DUI News Blog

The Latest DUI News and Information From DUI Defense Attorneys Across the Country

Court Declares Multiple DUI Offenders Eligible For Early IID-Restricted Licenses

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.

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Paul Burglin

Paul Burglin

Paul Burglin practices DUI defense in the San Francisco Bay Area including the Napa/Sonoma wine country. He has been specializing in DUI defense for more 35 years After graduating from U.C. Berkeley in 1980, Mr. Burglin received his law degree from Gonzaga University School of Law in Washington. He is Board Certified in DUI Defense (as approved by the American Bar Association) and co-authors the two-volume treatise, "California Drunk Driving Law." He is past Dean of the National College of DUI Defense (www.NCDD.com) and is Editor-in-Chief of its case law update and newsletter. He is one of only a select few of DUI defense attorneys in the United States to have attended the University of Indiana’s Borkenstein Course on chemical testing and scientific protocols offered to prosecution experts, and he is a certified graduate of that program. He has been selected to the 2021 Northern California Super Lawyers list and is A-V rated by Martindale-Hubbell.

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