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Got a DUI in California but DMV does not know. How is this possible?
Anonymous4 views7 answers
I was pulled over for a DUI. Was given a field sobriety test, blew a 0.04, was taken to police station and given a blood test, they took my license also and taken to jail. Three days later right before the arraignment was released, told case was rejected by DA. 7 months later received a letter from DA and told to appear for arraignment since there was also medication in my system. In the meantime, when I was released from custody and called the police to find out bout my car and belongings , they didn't have my license, said either sent to DMV or they threw it away. Called DMV but they know nothing about my license, they said just come and get a duplicate. When will DMV be notified? And when will my ten day admin hearing deadline kick in. Meanwhile case is set for trial. Is this common?
The DMV does not suspend if Alcohol level is below 0.08 for an adult over 21 and the DMV does not suspend where someone is arrested and it is alleged they have medication in their system. So, the DMV is right in that you can go to any office and get a new hard license. However, the DA is charging you with VC 23152(a) which encompasses impairment of any intoxicating substance. If you plead to a DUI on that count or are found guilty at trial, then the DMV will take suspension action against you.
Anthony Michael SolisCriminal Defense AttorneyLos Angeles, CA ·
DMV will be notified when the police send their paperwork (DMV form DS-367) to he the DMV. The 10 day admin per se hearing rights trigger when your license was taken and you were served with the pink sheet. you should contact an attorney to discuss your case. I do a lot of DUI in LA area courts and would be happy to discuss the matter with you, but you really need an attorney for these cases, whether it is Court and DMV or even just the admin per se hearing before the DMV. Good luck.
DMV will only take action to suspend an individual's driving privileges in a DUI incident where a cop sends DMV a notice (DS-367) indicating that an individual was arrested for a DUI at a .08 or higher. The other route is when an individual is convicted of a DUI in which case the court notifies DMV and a suspension goes into effect. The 10 day admin hearing deadline does not apply if the cop did not notify DMV and the BAC was .08 or higher. So the answer to your question is that it is very common when the BAC is 0.04. Good luck!
haron Paris BabakhanCriminal Defense AttorneyGlendale, CA ·
Since the DA rejected it and did not dismiss it, yes they can file charges later when they find new evidence against you. Since you had alcohol and medication in your system, sometimes alcohol intensifies the effect of medication and strengthens DAs case. They cannot set it for trial without arraignment and pretrials. That's just not permissible by the courts. Generally defense or the court sets something for jury trial, not the prosecution, plus you are entitled to discovery meaning the evidence against you, so the DA cannot just set it for trial. That's not common and you or your attorney should not agree to it.
Do not panic, generally such cases are hard cases for DA to prove. So much goes into a DUI case, from the initial stop, to the signs and symptoms of intoxication, to your driving pattern, to the FSTs, and etc. So many holes can be found in every DUI case. As a former prosecutor, I have handled hundreds of DUIs and a DUI like yours is one of the most difficult ones for the DA to prove.
If you can afford to hire an attorney, do so. Well worth the money. You may even be able to get a dismissal depending on more facts and discovery in your case. Most attorneys on this site offer free consultation so you can discuss your case.
Do not panic and just take one step at a time. First talk to an attorney, then hire one and take it from there.
Sharon Paris Babakhan
www.sharonbabakhanlaw.com
818-480-3571
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
All the lawyers are giving you good advice. The DMV does not take
independent action unless your blood alcohol level is .0 8 or greater based
on the breath test of a point 04 it was unlikely that your blood was over
point 08. however A DUI can be based on what we call a combo alcohol drugs
this seems to be what the district attorney will be charging you with.
since your alcohol level was under .0 8 the DMV at this time cannot take
any action and you get your license back. in fact the police should never
have taken your license. you really need to get experienced legal counsel
in your area as you are now facing criminal charges and a possible
suspension of your license if you are convicted of DUI
Go to the DMV and pick up the license before they change their mind. Do not discuss the case or any facts of the case with them. As far as you are concern the license is misplaced and you don't know how, which you obviously don't. Then hire an attorney who does drug DUIs which is a different case than an alcohol DUI. Good luck.
www.dui-lawyer-long-beach.com
for Fairness / for Your License because sometimes good people find themselves in bad situations
(800) 409-7010
