QUESTION

Should I call DMV and ask them if it is or not and if I have to contest within the ten days?

Asked on Jul 29th, 2013 on DUI/DWI - Michigan
More details to this question:
I was arrested on suspicion of DUI and my breathalyzer test was below the 0.08 (it was 0.063). My license was mailed back to me but they did not tell me if it was suspended or not.
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6 ANSWERS

You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Aug 08th, 2013 at 8:12 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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I assume that you are over age 21. My answer is based upon that assumption. DMV is an administrative agency. Such being the case, if they received evidence that you BAC was .08 or greater, or you refused to submit to the breath test (and you did not have a commercial drivers license), then DMV could suspend your license, regardless of whether you were convicted in a criminal court of DUI. A .063, while under the per se limit of .08, you could still be convicted of a DUI, if it can be proven beyond a reasonable doubt that your driving was affected to an appreciable degree by alcohol and/or drugs. If the court gets a conviction, even with a breath level of less than .08, then DMV will suspend your license.
Answered on Aug 08th, 2013 at 8:12 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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If you are concerned, you should call DMV. But I think that if they return your license to you, your driving privileges have not been suspended.
Answered on Aug 08th, 2013 at 8:11 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If your blood alcohol concentration was below .08 you probably do not have an issue with the DMV. The main issue is what is the chemical test taken after you were arrested, if it was below the legal limit you should be
Answered on Aug 08th, 2013 at 8:11 PM

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You should call them immediately and find out the deadline for contesting a suspension.
Answered on Aug 08th, 2013 at 8:11 PM

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Michael J. Breczinski
If they mailed the license back to you, then it is not suspended. Do you have a court date?
Answered on Aug 08th, 2013 at 8:11 PM

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