This is a very very good / interesting question..
Most people are so confused about the entire process, they don't bother to question why their license is restricted for so long...So bare with me, this is as confusing as it seems and good luck finding a DMV employee who knows the process well enough to answer it for you.
What you are experiencing is the battle between the court's jurisdiction and the DMV.
For a over 21 years old first offense without refusal, you fail to contact DMV within 10 days or contact DMV and lose the DMV hearing, your license will be suspended for 4 months. You can choose apply for a restricted license which would then give you 30 days of a suspension followed by 5 months of a restricted license.
But lets say you win the DMV hearing and DMV doesn't take your license for 4 months.
However, you plead guilty in court for a DUI. Seeing that you were convicted, DMV would suspend your license for 6 months whereby you would be immediately eligible for a restricted license.
But lets say you didn't contact DMV and your license immediately suspends, but you don't plead guilty in court, for whatever reason, till 10 months after the arrest. In that circumstance, you would have spent either 4 months of a hard suspension for the 30 day plus 5 months restricted you'd get from DMV along with an ADDITIONAL 6 MONTH restricted license due to the court conviction.
So, for you, LOOK AT THE DAY YOUR LICENSE STARTED TO SUSPEND, and the Date you plead guilty in court. Example: Arrested on January 1, 2010, license began to suspend January 30, 2010 for 4 months, which would make you eligible for full reinstatement on around May 1, 2010.
Now, factor in the fact you plead guilty on March 1, 2010, You'll be eligible around September 1, 2010 for full reinstatement of your driver's license. Thus, making the entire action against your license from January 30, 2010 to September 1, 2010.
Had you plead guilty in court THE EXACT SAME DATE YOUR LICENSE BEGAN TO SUSPEND, or under this example, January 30, 2010, you'd be eligible to get full reinstatement around August 1, 2010.
REALLY CONFUSING, right? And that's only for a First Offense DUI.
This is a prime example of why a DUI attorney can be extremely helpful during your DUI case. If the attorney expects a suspension and court conviction, we try to correlate the suspension dates as much as possible so that our clients can get their full reinstatement of their license as soon as humanly possible.
To speak to an experienced DUI attorney about your DUI and/or DMV issues, call 877-717-2889 for a free consultation.
Information on this site is strictly for general informational purposes only and should not be construed as legal advice for any individual case or legal situation nor does this site create an attorney client relationship.