Found an issue on this page? Let us know and we will look into it as soon as possible.
Getting a license after 2nd DUI
Anonymous1 views5 answers
My first DUI was never prosecuted in court all charges were dropped before my court date, didnt pay any fines etc. and i received a 2nd DUI. which was considered my 1st Conviction. Can the DMV still count it as a second offense even though the courts never charged the first one against me and i wasnt prosecuted?
Yes the DMV can still count this as a second time DUI for the DMV purposes as long as the arrest was within 10 years of the arrest for the latest DUI you received. It appears that you never requested a DMV hearing for the first DUI. If the DMV did suspend your licnese for the first DUI even if there was never any court action taken you will probably be looking at the consequeces of a second time DUI in the eyes of the DMV. However the DMV may not have taken action against your license on the first one. If they had your license would still be in a suspended. With the limited information it is difficult to determine. What you will want to do is contact the DMV within 10 days of the date of your arrest to set up a DMV hearing. You should also consult with a DUI attorney on the new case.
Robert Driessen
www.Driessen-Litigation.com
If there was an Admin Per Se suspension by the CA
Sacramento DUI lawyer
for the first offense and the new arrest is within 10 years of that earlier arrest, it is my expectation that DMV will treat this one as a second. The result is a one year suspension. You can contact a DUI lawyer in your area or you can contact the DMV's Mandatory Actions Unit in Sacramento at (916) 657-6525 and have one of the technicians pull up your record.
If there was an Admin Per Se suspension by the CA DMV for the first offense and the new arrest is within 10 years of that earlier arrest, it is my expectation that DMV will treat this one as a second. The result is a one year suspension. You can contact a DUI lawyer in your area or you can contact the DMV's Mandatory Actions Unit in Sacramento at (916) 657-6525 and have one of the technicians pull up your record.
www.deniswhitelaw.com
www.sacramentoDUIattorney.com
The DMV can, but it will depend on whether the DMV took action against your license on their own (even though the court did not). Generally, when someone is arrested for a DUI in California, there are two hurdles to handle. The first is the Criminal Court action, and the second is the DMV directly. The DMV can take action against your license even though the Criminal Court dismissed the charges. I can help you determine whether the DMV will in fact be treating this as a 1st offense, or a 2nd offense if you would like. Call me at 818-336-1384. No fee for the call.
