Starting on January 1, 2014, any person who was convicted of DUII for a third or subsequent time had their license to drive revoked for life. This included the total of all DUII convictions, no matter how old. However, there is a possibility of petitioning for reinstatement of your license after ten years. Here are the things to consider:

Ten Years from What?

This varies, depending on the type of sentence you received, whether your probation on the DUII was revoked and whether or not you have another driving related offense since the lifetime revocation was imposed. The ten years starts from: the time you were placed on probation; ten years from your release from prison; ten years from the time your probation was revoked; or ten years from the date of your subsequent driving offense.What do I have to Prove to Get My License Back?

You need to file a Petition for Restoration of Driving Privileges in the County where your license was revoked. The Petition is served on the District Attorney for that county. There are many different things for the Court to consider: your overall criminal record before and after the revocation; the nature of the crime which led to the revocation and whether it involved violence; any other non-criminal behavior that reflects on rehabilitation; and any other evidence that proves that you have been rehabilitated. In some cases, you may have to undergo a psychological evaluation and get a recommendation from your parole officer. The Court will also consider whether ore not you completed a treatment program that complies with DMV requirements.The Court will hold a hearing on the Petition and determine whether or not there is “clear and convincing” evidence that you are rehabilitated and do not pose a threat to the safety of the public.

If the Court restores you driving privileges it sends an Order to DMV indicating that you may now drive a vehicle if you file proof of a valid SR-22 insurance policy. However, DMV will have many requirements of their own before you can get a valid license like: taking the written and driving tests; having a medical certification; and having proof of completion of a DMV certified alcohol program.

By James F. O’Rourke Jr.

Source: JFO Rourke Blog

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