QUESTION

What is the difference between a DUI conviction and a DUI suspension?

Asked on Apr 29th, 2013 on DUI/DWI - Missouri
More details to this question:
I was charged with a DUI about a month ago and my lawyer said that I will probably get a DUI suspension instead of a conviction since it is my first offense. What's the difference between the two and why is a suspension better than a conviction?
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5 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If your lawyer has told you that you are looking at a DUI suspension, you (have lost or will) lose your DMV hearing (the DMV determines what happens to your license) and you will win your DUI case in court. Interesting outcome, depending on how your DUI case is won it may have a collateral consequence on the DMV action.
Answered on Apr 30th, 2013 at 8:20 PM

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Criminal Law Attorney serving Melrose Park, IL at The Law Offices of Carlos H. Davalos
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The conviction refers to your personal criminal record and history. The suspension most likely refers to your driver's license status. And I think its possible you may have mistakenly heard suspension, when what your attorney could have said was supervision. Ask your attorney to clarify this for you.
Answered on Apr 29th, 2013 at 9:15 PM

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One is criminal, and one is civil. Don't confuse the two. The DMV proceeding is completely separate from the court case, and must be handled separately. You need to hire a DUI specialist, because your lawyer is not telling you the whole story.
Answered on Apr 29th, 2013 at 8:43 PM

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It sounds like your lawyer was not very clearbut in any case he is the guy you should be asking. A conviction is something that a court decides: you committed the offense (hence you are convicted). A suspension of your driver's license for a period of time is the inevitable accompaniment to an OWI conviction. Perhaps because in Wisconsin a first offense OWI is not a criminal conviction, your lawyer chose to steer away from that word. But it looks, feels and smells just the same as a criminal conviction, except you can't be sent to jail for it.
Answered on Apr 29th, 2013 at 8:32 PM

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You should ask that attorney to explain the difference between a suspended imposition of sentence and suspended execution of sentence. The first does not result in a conviction on your record if you successfully complete the corresponding term of probation. The records of arrest and plea of guilty become closed records to the vast majority of the population if you successfully complete the term of probation. However, if the judge suspends the execution of any sentence, you would have a conviction on your record forever, unless you were able to have that conviction expunged at a later date. Make sure you review this with your attorney at your earliest convenience.
Answered on Apr 29th, 2013 at 8:26 PM

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