California: 3 DUI Convictions, How to get License Back?

[Conspirator]

What is the name of your state? California

Hello,

My girlfriend got her THIRD DUI 3 years ago. It was her third in 7 years. It was a major motor vehicle accident, and she hurt some people. She was convicted of a felony, spent some time in a Work Furlough program, and has paid over $85,000 in restitution to all victims. Everyone has settled and there is no litigation pending. Has not had a drink since the accident.

The California DMV took away her Drivers License 3 years ago after some sort of administrative hearing she did not attend. (Her lawyer went.)

She was a resident of Hawaii at the time, and following her Work Furlough she returned to Hawaii for a year and attended the education and counseling required of her by the court, and I BELIEVE the DMV.

I've read VC 13556 that indicates her license should have only been suspended for 1 year. It's been THREE.

So - I'm tired of driving her everywhere. What is the process to get her license back? After 3 years, will she be able to get a license? Will she be required to use a breath-a-lyzer interlock on her car?

Any help would be appreciated.

Thanks.

[racer72]

Take her to your local licensing office, they will tell you what she needs to have her driving privileges reinstated.

[AHA]

Originally Posted by racer72

Take her to your local licensing office, they will tell you what she needs to have her driving privileges reinstated.

OP, let us know when it's reinstated so we can stay the hell away from the area where she'll be driving in. With 3 DUI (trouble learning her lesson??), she's got alcohol problems and a severe disrespect for others safety.

[garrula lingua]

I believe the Vehicle Code allows a DL to be revoked for life when a vehicle was used in the commission of a felony.

I believe it's revoked for life, if the 3rd DUI was a felony.

[ecmst12]

Originally Posted by AHA

OP, let us know when it's reinstated so we can stay the hell away from the area where she'll be driving in. With 3 DUI (trouble learning her lesson??), she's got alcohol problems and a severe disrespect for others safety.

Did you notice where OP said she's been clean and sober since this occurred 3 years ago; she certainly learned her lesson eventually. She served her time, paid her penalties, and has tried to show that she is no longer a threat on the roads. I think that should earn her the right to get her license back. If she was STILL drinking and being reckless, that would be a different story, but doesn't the legal system say that once you've served your time for a particular crime, you get to move on with no further punishment? (I forget the exact legal term)

Of course, if the law says revoked for life, that's different, but if she's eligible to get it back, I wouldn't think she'd automatically be a danger.

[AHA]

Originally Posted by ecmst12

Did you notice where OP said she's been clean and sober since this occurred 3 years ago; she certainly learned her lesson eventually. She served her time, paid her penalties, and has tried to show that she is no longer a threat on the roads. I think that should earn her the right to get her license back. If she was STILL drinking and being reckless, that would be a different story, but doesn't the legal system say that once you've served your time for a particular crime, you get to move on with no further punishment? (I forget the exact legal term)

Of course, if the law says revoked for life, that's different, but if she's eligible to get it back, I wouldn't think she'd automatically be a danger.

The reason why she hasn't driven drunk since then is probably because she hasn't a license to drive in the past 3 years. It shouldn't take a normal person 3 crimes and hurt people to learn a lesson!

[BigMistakeFl]

There's a topic for debate..... when is a person who has proven to be a repeat threat, no longer considered a threat? Can sobriety prevent that person from drinking again and getting behind the wheel?

[loveumms]

Three strikes your out - come on, your girlfriend should NEVER get her license back no matter how long she has remained sober. I think you are under the assumption that having a drivers license is a right when in fact it is a privilege.

I’m sure you would have a different outlook if she hit one of your family members and injured them. All I could think about when I was reading your post was those commercials of the little girl blowing out the candles on her birthday cake. The next frame is the mangled mess of a car she died in b/c some moron couldn’t stop at the legal limit.

I am the first to be sympathetic to people making mistakes and I truly believe that alcoholism is a disease that knows no bounds. We are all human and no one is perfect but, how many chances should a person receive? If she does get her license back who is to say that she will not go out and celebrate the occasion by stopping out for dinner and a few drinks and then go out and kill herself or others?

One DWI/DUI should be enough to teach anyone a lesson – being arrested, having to go through all the stress and hassle of obtaining counsel and then having to pay fines/restitution. If you then go on to get a second DWI/DUI, that should be enough proof that you didn't learn anything the first time and need much heftier punishment – loss of license and jail time or serious fines. If you are then stupid enough to get a third and in the process hurt others who were completely innocent, then you should have to suffer for your foolish, unintelligent actions.

Why would it matter if she would have to use a breath-a-lyzer on her car? She hasn’t had a drink in three years … so if she were to get her license back then she would have no problem with this stipulation, right?

As far as bigmistakefl’s question: I don’t really think there is a stretch of time where a person can prove they are no longer a threat once they have been convicted of three offenses. The OP says the girlfriend has not had a drink in three years but can he be totally sure? I’m sure we have all known people that we have thought have kicked a habit (whether it’s smoking, drinking or drugging) only to find out that they were still doing it behind our backs. I think that three offenses is enough to prove that rehabilitation isn’t promising.

[Dougthegreat]

If there's one immutable law of the galaxy, it's repetitive stupidity. If she didn't have the foresight to stop after the first, there's no reason I can think of to let her have her license back, quite frankly.

Being able to learn from your mistakes after you've made them multiple times is NOT "learning your lesson".