QUESTION
Can the DMV legally convict me of a DUI if the court has not convicted me of anything yet?
Asked on Mar 11th, 2013 on DUI/DWI - Michigan
More details to this question:
The department of motor vehicles convicted me of driving under the influence. My public defender called me saying that the court is offering me a wet and reckless charge. Is this legal?
9 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes.
Answered on Mar 13th, 2013 at 5:25 AM
3 Awards
Yes there are very different rules at DMV vs the criminal courts.
Answered on Mar 13th, 2013 at 1:01 AM
Yes, because the DMV doesnt convict you of anything, they simply take away your license. Your PD is not competent to defend you at the DMV hearing. In fact, he/she never requested one for you, so you will most likely lose your license by default (if you havent lost it already).
Answered on Mar 12th, 2013 at 2:01 PM
The punishment for a DUI and a wet reckless are almost the same. The legal result as far as the DMV and priors are concerned are the same. The DMV will suspend your license for a wet reckless conviction.
Answered on Mar 12th, 2013 at 2:00 PM
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The DMV does not convict you. They can suspend your drivers license, but that is a civil penalty, not a criminal penalty. If you plead to a lesser charge, then the DMV should change your suspension accordingly.
Answered on Mar 12th, 2013 at 2:00 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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The DMV does not convict you of anything. It is a civil, administrative proceeding. They find that you did drive under the influence, and suspend your license. They cannot then impose any jail term or fines.
Answered on Mar 12th, 2013 at 1:59 PM
Michael J. Breczinski
If you did not appear for court when you were supposed to then the DMV can suspend your license. That may be what happened.
Answered on Mar 12th, 2013 at 1:58 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Only courts can convict you. The DMV may have assessed points or some other sanction for being charged, but that is not the same as a criminal conviction. J
Answered on Mar 12th, 2013 at 1:57 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, this is one of the major disadvantages to using a Public Defender, they dont handle the DMV aspect of your case. Believe it or not, you can have the criminal case dismissed or reduced and still get all the consequences of a DUI through the DMVs administrative action. You should make sure your P.D. knows you lost your license at the DMV it will likely affect sentencing as usually the Court will order the 12 hour DUI school and the DMV will require the regular 32 hour DUI program if you want early reinstatement.
Answered on Mar 12th, 2013 at 1:57 PM