QUESTION

Can I retain my California drivers license after getting a DUI infraction?

Asked on Jan 26th, 2011 on Criminal Law - California
More details to this question:
At the beginning of November I went to my DMV court hearing and was given a DUI from the DMV but the court called it an infraction so I was given no points on my record. My drivers license is still going to be suspended for a year. Is there anyway I can still get my license back without waiting a year?
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7 ANSWERS

Something is wrong. A DUI is a misdemeanor, not an infraction. You will be suspended for 6 mo (unless you are a teenager) and after the first month you can apply for a to and from work, to and from DUI school.
Answered on Jan 26th, 2011 at 11:43 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You already appealed the DMV automatic one year suspension by going to the hearing. You lost. The best you can do is seek from DMV a restricted license. Go apply after at least 3 months of suspension have been served.
Answered on Jan 26th, 2011 at 5:13 PM

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The DMV proceeding is completely separate, so the fact that you only got an infraction in court will in no way influence the length of the suspension initially imposed by the DMV.
Answered on Jan 26th, 2011 at 5:13 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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You (or an attorney on your behalf) should look into the possibility of have a "critical needs" restricted license issued to you.
Answered on Jan 26th, 2011 at 4:28 PM

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You are under 21. I cannot be certain if you are under 18 or not. If you are under 18 you can request a critical need license from the judge. If you are over 18 however you need to request the critical need license from the DMV.
Answered on Jan 26th, 2011 at 3:43 PM

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Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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If your license is going to be suspended for a year, the probable scenarios are that you are (or were) under twenty-one years of age at the time of arrest, you refused to provide a breath or blood sample to the officer, or this was your second DUI arrest. Congratulations on the infraction in the criminal courts. You can count yourself very, very lucky on that score, and I would like to know why you received an infraction. The DMV's action is independent of the Court's action. You did not provide enough information to advise you further, but I am sorry to inform you that you can almost certainlynot get your license back prior to one year. It is too late, if your Hearing was in November, to appeal the ruling now.
Answered on Jan 26th, 2011 at 3:13 PM

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Criminal Trial Attorney serving San Jose, CA at Law Office of Thomas F. Mueller
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It is possible that the DMV will restore your privilege if the court did not convict you of a DUI. But your question is confusing in that DUI cannot be charged asan infraction. I will need to know more about the case to give you a definitive response. For more in fo or to retain our firm call: Tom Mueller.
Answered on Jan 26th, 2011 at 2:58 PM

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