Dmv has set my dui aside. Now the courts are charging me . can dmv then come after me and take my lic ?

Asked 12 months ago - Hayward, CA

I backed into a car at a gas station . left the scene and went home and drank due to being so scared. was arrested at home blew 1.8 then blood was 2.0. being charged for 3 offences. dmv has set it aside. Now that the courts are charging me can dmv then come after me ? Can these charges be fought since I did not drink prior to the accident . I drank after the fact.

Additional information

What are my chances of fighting this if I decide to take it to trial ? Why is there 3 charges ? My insurance has taken care of the small dent to the other car. I did not drink that morning. What will I be looking at court wise? Should I hire a attorney and take this to trial ? what are my chances of winning ? Due to the facts of this case dmv has set it aside due to the time accident occurred to the time police gave me the ( 1st test 1.5 hrs later), then time when blood was taken was like 3 hrs later dmv said they could not do noting due to their law.

Attorney answers (8)

  1. Jon William Woolsey

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . Drinking after driving is certainly a defense to a DUI. But, if you are convicted of the offense then the DMV will impose whatever suspension is appropriate under your circumstances.

  2. Christine C McCall

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . If what you want to know if your chances of winning this case, you will need to consult personally with a skilled and experienced local criminal defense attorney who can explore all of the relevant facts with you. The attorneys here haven't even read the police report. Any answer about your "chances" of winning on the basis of this scanty information would be worthless to you. That answer depends on the evidence against you.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  3. Ginny Harjot Kaur Walia

    Pro

    Contributor Level 11

    8

    Lawyers agree

    Answered . A DUI conviction in court could definitely lead to a suspension by the DMV. You will need to get a favorable resolution in court, meaning an outcome, that does not give DMV grounds to suspend your license. Call local lawyers for a free consultation.

    This answer does not constitute legal advice and does not create an attorney-client relationship.
  4. Sholeh Iravantchi

    Contributor Level 15

    7

    Lawyers agree

    Answered . DMV and Criminal court are separate proceedings. If you get convicted in criminal court,then DMV can use that and impose restriction due to your conviction. Need to have a lawyer.

  5. Anthony Michael Solis

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Ms. McCall is correct, no one on this site is going to analyze your facts and give you predictions. That being said, it appears that you won your Admin Per Se (APS) hearing before the DMV and the DMV set the action aside. However, a conviction in COURT will also lead to administrative suspension from the DMV once the DMV learns of your criminal conviction. (under a different VC Section). So the short answer is YES, even though you "won" the APS hearing, the DMV can come back at you if you are convicted in court and suspend your license based on your criminal conviction for DUI.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  6. Michael Jon Fremont

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . You have a defense to the DUI by drinking after the accident that is not
    driving under the influence or an alcohol level while you were driving the
    DMV suspends either by administrative action or notice of a DUI conviction

  7. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you do not prevail in your court case, the DMV will be there to enforce its policies. Ms. McCall is absolutely correct.

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  8. Matthew Murillo

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Yes. If you are convicted of the DUI, DMV can suspend your license based on the conviction. Lawyer up if you haven't already.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and DWI defenses

After you are arrested for DUI, getting the charges against you dropped or reduced will require you to develop a defense.

Randy Collins

California DUI Under Age 21

Definition California DUI Under Age 21, as the name suggests, is when a minor drinks and drives under the influence of alcohol. More specifically, Californias Zero Tolerance laws define... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,217 answers this week

3,114 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,217 answers this week

3,114 attorneys answering