QUESTION
Can the California DMV suspend my license with no court conviction or charges filed?
Asked on Jul 25th, 2012 on DUI/DWI - California
More details to this question:
If someone was arrested for a DUI but it was never filed by the DA and never went to court, how can the DMV say you have a DUI?
12 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
Yes.
Answered on May 24th, 2013 at 2:54 AM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
Update Your Profile
The DMV has an administrative process for license suspension on DUI which is independent of the court. You had to ask for that hearing within 10 days of the arrest.
Now you're in the bad position of having to complete alcohol school to get your license back-but no alcohol school will take you without a court order.
Answered on Aug 27th, 2012 at 12:19 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Yes. A suspension by DMV does not depend on DUI charges being filed or a conviction.
Answered on Aug 21st, 2012 at 11:59 AM
They can suspend your driver's license several ways under the Vehicle Code. One way is based upon the findings after an Admin Per Se Hearing. Another is to based on a "review" of the documents submitted by the law enforcement agency if no hearing was requested.
Answered on Aug 20th, 2012 at 2:03 PM
Criminal Defense Attorney serving Santa Rosa, CA
at
Michael T. Lynch
Update Your Profile
Yes. Every time you are arrested for a DUI it triggers a criminal action and an administrative action. Even if the criminal action is dismissed a defendant's license can still be suspended via the administrative action.
Answered on Aug 20th, 2012 at 1:27 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
A DUI arrest triggers an automatic license suspension. When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at tne scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Aug 20th, 2012 at 11:29 AM
Domestic Violence Attorney serving Orange, CA
at
Law Office of James Gandy
Update Your Profile
Yes. Driving is a privilege and not a right. The standards for privileges are much lower than convictions.
Answered on Aug 20th, 2012 at 10:10 AM
Yes. The DMV has the power to suspend or revoke the license of anyone they believe poses a threat to the public. You will generally have a right to an administerative hearing and can appeal the hearing decision to the courts through a writ of mandamus or prohibition. Consult an attorney.
Answered on Aug 20th, 2012 at 9:48 AM
DMV is completely separate from Court and is Civil, not criminal. Since Courts have ruled that driving is a privilege and not a right, DMV can and often does take action on one's license for a DUI arrest if BAC is over .08% or more or there is a refusal to take a chemical test whether or not charges are ever filed by a DA.
Answered on Aug 20th, 2012 at 2:07 AM
Absolutely. The DMV proceeding is entirely separate, and they couldn't care less what the DA does or doesn't do. You need to hire a DUI specialist to represent you at the hearing, or you will likely lose your license for the same amount of time as if you got a DUI.
Answered on Aug 20th, 2012 at 2:05 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
They do not need a conviction. They can suspend your license if they got a blood analysis, breath test or blood test, which s aid your alcohol level was .08% or more.
Answered on Aug 20th, 2012 at 2:00 AM
Criminal Defense Attorney serving Calabasas, CA
at
Law Office of Bernal P. Ojeda
Update Your Profile
Yes the DMV acts independently of the criminal courts.
Answered on Aug 16th, 2012 at 11:56 AM