QUESTION
Can DMV suspend and require classes even though you have not been convicted by a court?
Asked on Oct 23rd, 2012 on DUI/DWI - California
More details to this question:
A person wrecks his vehicle, no other parties involved or even there to witness, he is taken by ambulance to the hospital for surgery and while at the hospital is tested for alcohol levels that come back over the legal limit. He has not been charged or gone to court for the accident or alcohol level; hence, no conviction. Gets letter from DMV informing him that his license is suspended and he must attend a 3 month DUI program to get his license back but he will be issued a restricted license once he shows proof of registration of DUI class. I know the courts and DMV can levy separate sanctions but doesn't there have to be an arrest and conviction first? Can DMV suspend his license solely on the blood level tested at the hospital with no legal actions taken against him? He has not been cited by CHP as of this date, and the accident occurred in July 2012. He has not been charged or gone to court for anything resulting from this accident. Checked Superior Court site and there is no record. Bottom line, can DMV do this with no conviction, by the way he has 0 points on his driving record, was legal to drive and carried insurance.
4 ANSWERS
Michael J. Breczinski
That person should get a lawyer and see if there is actually a warrant out for his arrest. Under those circumstances they can suspend the license. Also if there is an unpaid civil infraction, they can suspend the license. The attorney could check all this out.
Answered on Oct 25th, 2012 at 7:24 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Yes. DMV goes by a civil standard of proof, not criminal.
Answered on Oct 24th, 2012 at 9:57 PM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
Update Your Profile
Yes. The DMV administrative process is separate from the court process. The only way to overturn the DMV suspension is if you win a jury trial on a DUI.
Answered on Oct 24th, 2012 at 9:50 PM
Yes they can. DMV goes after you in a civil proceeding that is completely separate from the criminal case in court. While they cannot require that you complete an alcohol class without a court conviction, they can require the classes as a prerequisite to you getting a restricted license.
Answered on Oct 24th, 2012 at 9:27 PM