QUESTION
What do I need to do in order to get my license back from a DUI dismissal?
Asked on Mar 24th, 2013 on DUI/DWI - California
4 ANSWERS
Michael J. Breczinski
A copy of the dismissal from the court. Take it to the DMV.
Answered on Mar 26th, 2013 at 3:02 AM
2 Awards
There are two separate actions that occur when you get accused of DUI in Colorado. First, there is the court action, which from your question sounds like the case was dismissed. There is a second administrative action which is done by the DMV. The DMV's finding is not binding on the criminal court case and vise versa. In order to determine if and how you can get a license back depends on why and on what bases the DMV restricted your license. You should consult with a DUI attorney in your area to discuss potential options.
Answered on Mar 26th, 2013 at 12:59 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Not really enough information provided, you should call your lawyer, he/she can help you get reinstated. If your license was suspended by the DMV you will need to take affirmative steps to reinstate your license despite your case being dismissed. If your case was dismissed because your lawyer prevailed in a pre-trial motion, you may be entitled to a new hearing. If your lawyer was able to get you acquitted after a jury or bench trial the outcome will set-aside the suspension when you, or your lawyer sends a certified copy of the verdict. If your case was dismissed in another fashion you will likely have to do some "hard" suspension, a DUI school, file an SR-22 and pay a reinstatement fee all of which will be determined by whether this was a first or multiple DUI.
Answered on Mar 26th, 2013 at 12:49 AM
The court dismissal has no effect on the DMV suspension, which was imposed when you did not request a DMV hearing (or you lost the hearing). Most people confuse the criminal case in court with the administrative case at the DMV. The two are completely separate.
Answered on Mar 26th, 2013 at 12:20 AM