QUESTION
Can a DUI be dismissed by DMV if no evidence was found?
Asked on Apr 27th, 2014 on DUI/DWI - Michigan
More details to this question:
I was arrested for a DUI in October of 2013. I took a blood test but heard nothing from the police. In February, I was mailed a letter from the DMV stating they found no evidence to continue with Prosecution but I have also just received a letter from the County with a court date. What is going on?
9 ANSWERS
Arbitration Attorney serving Irvine, CA
at
Law Office of Linda K. Frieder
Update Your Profile
The DMV and the Court are two separate entities which have been triggered by the DUI. They can effect each other and can both have completely different outcomes. You must attend your court date. A DMV dismissal does not mean a court dismissal. If you can, retain an attorney for assistance. Otherwise, ask the DMV for a copy of your file as it may help with your court case.
Answered on Apr 30th, 2014 at 8:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would suggest an attorney. It might be that the Court is bringing you into dismiss the case but that is speculation. A DUI is a major issue.
Answered on Apr 30th, 2014 at 8:13 PM
3 Awards
DMV and Court are 2 different things. If DMV does not proceed, then you get to keep your license unless you are convicted of DUI or have a conviction that revokes your license. BUT You must appear in Court. The case may be dismissed at that time. If not, you might want to get a lawyer to help.
Answered on Apr 30th, 2014 at 8:13 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
DMV does not prosecute DUI's they only handle administrative suspensions if you have alcohol in your system. The DA would prosecute a DUI in court. They may prosecute if there is evidence of alcohol, drugs or sometimes just very bad driving.
Answered on Apr 30th, 2014 at 8:13 PM
It is possible that your blood test came back under .08% BAC. If that happened, the DMV will not take action in most cases if you are over the age of 21. The Prosecution, however, could take action at any level BAC. So, it is possible for DMV to take no action, but for the Prosecution to still charge you with a DUI. You need to consult with an experienced, good DUI attorney.
Answered on Apr 30th, 2014 at 8:13 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
DMV does not have authority to dismiss. That lies strictly with the prosecutor and/or judge.
Answered on Apr 30th, 2014 at 8:13 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
The DMV does not have the authority to prosecute. Only the prosecuting attorney in the county has that authority. Blood results often take several months, even up to a year in extreme cases, to come back. It sounds like the prosecutor is pursuing DUI charges against you so you need to retain an experienced DUI attorney as soon as possible to represent you.
Answered on Apr 30th, 2014 at 8:13 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
A DMV charge and DUI charge in state court, although related to the same incident, are 2 separate proceedings which do not effect each other. You can win at a DMV hearing and lose in state court on a DUI charge and vice versa. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 30th, 2014 at 8:13 PM
Michael J. Breczinski
It is the County that would prosecute you. Get a lawyer and fight the matter.
Answered on Apr 30th, 2014 at 9:37 AM