Matteo

This is an appeal from a trial court order directing petitioner Department of Motor Vehicles (DMV) to grant respondent Dominique Niki Matteo (Matteo) a restricted driver’s license based upon his compliance with Vehicle Code section 13352, subdivision (a)(3), as amended effective July 1, 2010, a date occurring after Matteo’s commission of a drunk driving offense but before his conviction for the offense. 1 The DMV contends the order was based on an illegal retroactive application of section 13352, subdivision (a)(3), requiring reversal. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Matteo has thrice been convicted of driving under the influence (DUI) pursuant to section 23152, subdivision (a)—on December 24, 1990, December 13, 2007, and July 15, 2010. The July 15, 2010 conviction stemmed from an offense committed by Matteo on February 23, 2010, involving a multiple-point collision. Because this was Matteo’s second DUI offense in 10 years, he *627 was deemed a second-time offender subject to certain legal requirements, including a one-year license suspension under section 13353.2.

After the DMV suspended his license for one year pursuant to section 13353.2,…