My first time DUI was dismissed in court due to a 1538.5 motion. Will my DUI still show up on my DMV record for the next 10 yrs?

The DMV's administrative suspension remains in effect and will show on your driving history. Did you speak to your lawyer about this? The one who won the motion for you??

Your attorney did a great job!! Your attorney would be the best person to talk to about this. Sometimes there is something that can be done... sometimes not. Talk to your attorney. You may have to pay more to have the attorney fight the DMV but it may be worth it.

Yes, the DMV suspension will remain unless you request a renewed hearing pursuant to VC 13353.2(e). HOWEVER, this request must be made within 1 yr from arrest. This allows you to relitigate the hearing and bring in other witnesses that you not have been able to bring, in addition to filing any additional briefs in support of the dismissal. The other alternative would have been objecting to the dismissal in court and forcing the DA to provide a factual finding of innocence on the .08 or greater charge or prove there case without any evidence.

Good work by your lawyer in getting your case dismissed. Have you asked them this question? The answer is that CONVICTIONS count as priors for 10 years, not losing at DMV. However, you may want to appeal the DMV decision since obviously a Judge with actual legal training agreed there was no probable cause to stop you! If you do get a second DUI, and lose that hearing, the DMV will count it as a second suspension.

As my esteemed colleagues have pointed out, you should consult the lawyer who won the motion, they can get a renewed hearing if you are within one year of the arrest. The legal standard at the DMV is different AND for some reason the "lawful arrest" element of their case isn't a 4th Amendment standard...which is, of course, why you won the 1538.5 (suppression) motion. If you didn't have a private lawyer, you will need to either "suck it up" or consult with a private lawyer who can help you with the DMV.

You do not need a new DMV hearing if the 1538.5 dismissed the case due to a finding of unlawful stop/detention or unlawful arrest. These are constitutional issues which affect the DMV decision. If this is the case, go get a certified copy of the minute order and have your attorney prepare an order dismissing the case that the Judge can sign, which indicates the case was found to be borne from an unlawful stop or arrest. Then send the two certified documents to: DMV 2570 24th Street M/S J256 Sacramento, CA 95818 This is the legal unit of the DMV. Once they see that a Judge made a decision re the PC for stop or arrest, they should reinstate the license.

As previously stated, speak to your more than competent attorney about this.

Attorney did great work. As my colleagues have pointed out he or she is in the best positionto advise you not one of us that has no knowledge of the facts. You can appeal the DMV portion because it will stay on your record and be priorable for ten years. Winning DMV is often harder than winning in court. Good luck. Hope these answers help you?

Glad to hear about the outcome of your case. Unfortunately, the suspension will remain. Agree completely with my colleagues that you need to address this issue with the attorney who represented you on the DUI case. They seem very competent and most familiar with all the details.