QUESTION
How can the DMV convict me of a DUI before the court does?
Asked on Feb 06th, 2013 on DUI/DWI - California
More details to this question:
I was pulled over and charged with a DUI (1st time) I did not blow. I know that means I lose my license for 90 days however, they are having me take a level 1 DUI class to get my hardship back when my 90 days is up. The court has not proven me guilty though so how can they?
10 ANSWERS
Michael J. Breczinski
Because the circumstances that you were under allow them to put conditions on getting your license back.
Answered on Feb 07th, 2013 at 1:50 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Technically, you were not "convicted" by the DMV, although it feels that way. You were found to be in violation of the .08 per se law or of refusing to provide a sample of blood or breath pursuant to "implied consent." When you were licensed in California you agreed to provide a sample of your blood or breath at the request of a peace officer, if you failed to do so you were in violation of the implied consent law. Such a violation can result in a suspension of your license for one year (or more if this is a multiple offense) with no provisional or restricted license available if found by the DMV to be in violation of the law. It sounds like it is too late to save your license, by hiring a skilled DUI attorney you may be able to avoid the stiffer jail penalties that accompany the refusal charge in California.
Answered on Feb 07th, 2013 at 1:49 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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In Michigan that's an administrative proceeding and not a court proceeding.
Answered on Feb 07th, 2013 at 1:48 PM
John J. Carney
The laws on DWI and DUI are very strict and the legislatures of most states decided to take away a driver's privilege to drive when they are simply accused since almost 95% are convicted of some form of DWI offense ultimately and since you can usually get some form of hardship or conditional license in the meantime. It is not fair, but no less fair than drivers who risk innocent lives because the are foolish and selfish enough to drive while their ability to operate a motor vehicle (3,000 lb bullet going 60 mph) is impaired. You are lucky they do not give jail terms for a first offense, but that may be the next thing that they do to deter this dangerous crime that injures and kills thousands of people every year.
Answered on Feb 07th, 2013 at 1:48 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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You are sadly mistaken. In North Carolina you are most likely going to lose your license for one year for the refusal alone regardless of whether you are found guilty of the DWI or not. If done timely you may request a DMV hearing to determine if you willfully refused. The level of classes you are required to take is determined when you have your alcohol assessment. Obviously the person doing the assessment believed, based on your responses, that you have a significant alcohol problem and recommended a higher level of classes. I am guessing you did not consult with an attorney before getting the assessment. Otherwise you would have known about the suspension period and been informed about the appropriate way to approach the assessment.
Answered on Feb 06th, 2013 at 11:04 PM
James Edward Smith
DMV is civil so it does not need criminal proof to put a condition on your license.
Answered on Feb 06th, 2013 at 11:03 PM
If you refuse to blow, you automatically lose your driving privileges for 1 year.
Answered on Feb 06th, 2013 at 9:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have been suspended by the DMV for violation of the implied consent law because you failed to "blow". That is independent of the dui charge.
Answered on Feb 06th, 2013 at 9:07 PM
Civil Litigation Attorney serving Newport Beach, CA
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Chapin, Holiday, Vargas Attorneys at Law
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It is a separate proceeding.
Answered on Feb 06th, 2013 at 9:07 PM
The DMV Hearing is civil and completely separate from the court case. You have 10 days to request a hearing, and I suggest you hire a DUI/DMV specialist to represent you in court and at the DMV. Otherwise you are 100% certain to lose your license.
Answered on Feb 06th, 2013 at 8:40 PM