QUESTION
If DUI case is rejected, do I get my license back?
Asked on May 12th, 2014 on DUI/DWI - California
More details to this question:
I was the passenger in a car waiting for a tow truck on the side of the road. Highway Patrol had me perform field sobriety tests and then requested a breathalyzer test. I did the field sobriety, refused the breathalyzer. I was arrested on suspicion of DUI. I know that a refusal is an automatic 1 year suspension of my license. DA rejected my case. Is the 1 year suspension on my license still valid even though no charges were filed?
5 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Did you request a hearing within ten days? Did they take your license? Have you contacted the DMV regarding the status of your license? If your license was taken and you failed to request a hearing within 10 days, you are likely suspended. You should call the DMV and find out what the status of your license is, the DMV may not have suspended if they reviewed your case prior to suspending your license.
Answered on May 15th, 2014 at 7:36 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to request a hearing with the DMV. It may be too late, but if there was no evidence you were driving, your license should not be suspended.
Answered on May 15th, 2014 at 7:36 PM
Criminal Defense Attorney serving Beverly Hills, CA
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William S. Kroger Jr.
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The DMV has a separate procedure wherein they take action against your license. It all depends on several factors such as your age and BAC.
Answered on May 15th, 2014 at 7:36 PM
You still face the DMV - who will suspend your license for one year. You must request a hearing within 10 days. Get an attorney. It sounds like you are too late to request a hearing.
Answered on May 15th, 2014 at 7:36 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. You needed to fight 1 year suspension at DMV.
Answered on May 15th, 2014 at 7:36 PM