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

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.

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. 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. 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.


  3. 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 as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  4. 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


  5. 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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  6. 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


  7. 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.


  8. 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 of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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