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CHP Issued a misd. DUI & cited then released without license taken away, no cvc 23152(b) written, confused on how to proceed.

Corona, CA |

Issued a court date, no DS-367 given or notice of license suspension at time of arrest. BAC was under .08 however officer did not tell me exact BAC. Do I notify DMV even though I was not issued the DS-367 form?

Attorney Answers 5

Posted

While it may be unnecessary, it can't hurt. You might be wise to also consult with a locally experienced DUI attorney. Good luck.

Jasen Nielsen

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Posted

You seem to be pretty well informed about the The DMV will not be suspending your license. You will not need to defend your driving privilege through a DMV Administrative Per Se hearing. However, as my colleague mentioned, you might want to consult with some local attorneys. You don't need to hire anyone yet, but the prosecutors might still file charges with a BAC below .08. If that happens, you'll want to be ready. Don't underestimate how much a simple 20 minute free phone call can help you better understand the situation and set your mind at ease.

Best,

Nicholas M. Loncar, Esq.
t. 323.803.4352 | f. 323.617.3838
www.iDefendLosAngeles.com
Nicholas.Loncar@iDefendLosAngeles.com
Sunset Law Building | 1295 W. Sunset Blvd
Los Angeles, CA | 90026

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Posted

Officers sometimes forget to issue a temp license. I've even had one officer issue a citation without the 23152(b) violation, only to submit it a month later because of the way chemical test results worked out.

While it MIGHT not be necessary, in my practice, I ALWAYS request a DMV hearing just to the safe side. If BAC level comes back too low, DMV will simply dismiss the case.

However, be warned that Ricerside county will still likely pursue DUI allegations under 23151(a) - and if convicted, you would still lose your license as it is still a DUI conviction.

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Posted

If no DS 367 notice of administrative action was giving you and you're sure
the blood alcohol level was under point O eight there will be no DMV action
at this time however if you get a DUI conviction you will get an
administrative suspension I would contact an attorney to discuss this

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Posted

Hire an experienced DUI attorney. They will help you navigate the court system and be able to assist you on the DMV issue. It is does not appear that you have anything to worry about with the DMV at this time.

A local DDA was recently praised for getting a .07% conviction. This is to warn you to take the (a) count seriously.

Best of luck,
Scotty

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