QUESTION
Is the arrest still valid if a person is arrested for DUI and the officer failed to confiscate the driver's license?
Asked on Mar 13th, 2013 on DUI/DWI - California
9 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes it is.
Answered on Mar 14th, 2013 at 6:47 AM
Michael J. Breczinski
Yes the arrest is still valid. The person can still get convicted. They still need an attorney.
Answered on Mar 14th, 2013 at 6:47 AM
Yes. If you have been arrested for DUI in Oklahoma, your 15 day window to request the administrative hearing with DPS starts from the day of the arrest, You should retain counsel to assist you with your DPS proceedings and your criminal proceeding as quickly as possible.
Answered on Mar 13th, 2013 at 3:50 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Absolutely.
Answered on Mar 13th, 2013 at 2:37 PM
3 Awards
Yes, this is often the situation on a blood draw case because the license is only taken if the BAC is over .08, with blood, there is no evidence of that until the blood is tested. In response to your DUI Questions: If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. Do not request the officer. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 13th, 2013 at 2:37 PM
Yes it is. Confiscating the license is a civil matter for the DMV. The criminal court couldn't care less.
Answered on Mar 13th, 2013 at 2:37 PM
I believe the arrest would still be valid since the confiscation of the license was not a cause of the DWI.
Answered on Mar 13th, 2013 at 2:29 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Yes.
Answered on Mar 13th, 2013 at 2:29 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, the arrest is valid. The only remaining question is whether the DMV will have authority to suspend since you weren't provided notice. You should contact a DUI attorney as you have valuable rights which should be protected.
Answered on Mar 13th, 2013 at 2:28 PM