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DMV suspension of Driver's license after charges were dropped!
Anonymous11 views3 answers
In Sept of 11, I was arrested in Ca. for a dui .08/.09. "I was not pulled over". I was assisting in an accident I had witnessed on the freeway. The officer who was taking my report as a witness, smelled alcohol and asked if I'd been drinking. I was given the standard sobriety tests.I was arrested and held for 5 hours and released on my own recognizance to return to court on Oct 4. I did show up for my case (overly prepared) to find out that the case had been dismissed/dropped. They had no documentation to give me to show this. So in the meantime, I had the DMV hearing on Oct 21. I received the notification of findings and decision letter and the DMV has suspended my CDL. There was also an error in the letter stating I was "involved in the collision. Any advice would be helpful.
Thank You
The DMV hearing process is separate from the criminal case. In order to convict you of a DUI in criminal court, the DA has to prove you guilty beyond a reasonable doubt; in the DMV hearing process, a DMV employee called a hearing officer acts as prosecutor, judge and jury, and only has to find that you drove with a blood alcohol level higher than the legal limit.
If you're found not guilty, DMV will "set aside," or cancel, its own suspension (as long as it's a simple allegation that you drove with a BAC over .08%... the rules are different for minors, refusals and some other situations). However, a dismissal in criminal court doesn't overturn the DMV suspension.
You can ask the District Attorney to provide a DS-702 form, which explains why they elected not to file charges. When the form is submitted, DMV will give you another hearing. You can also file a writ in the Superior Court, asking to have the DMV hearing officer's decision overturned, and/or ask for an administrative review at a higher level in the DMV.
There are deadlines for all of the solutions above, so you should consult with a knowledgeable DUI attorney as soon as possible.
If you were offered a breath test at the station (not referring to the one on the scene) and blew over .08 or refused, your CDL will be disqualified for a year. Even if the DUI never gets filed or is dropped. That is per federal law.
Note that a APS suspension based on the California DMV is for 4 months for a first offense DUI (not 1 year as posted by another attorney). This is separate and apart from any action taken (or not taken) by the Court. You have the option of getting a work restricted license, but if you go that route, then you will have to serve 1 month hard suspension, and 5 months of work restricted license.
I always recommend having a DUI attorney handle not only criminal matters, but also DMV matters based on a DUI arrest. There are appeal options directly through the DMV, or you can file a writ with the superior court. There are strict time limits to do so for each option. You should contact a DUI attorney in your area to discuss the matter in more detail.
