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DMV Suspension Dates Wrong?

Ventura, CA |

I got arrested for DUi (2nd) in march, license was suspended in may by the dmv for two years. My case was resolved last week (8/27) and yesterday I received a letter from the DMV that my license will be suspended until august 2011 instead of may 2011 like was stated in the original order of suspension.

Am I correct in believing that my license should only be suspended until may 2011 even though my conviction in court was l8/27?

Attorney Answers 5


  1. Check with the Mandatory Actions Unit for DMV in Sacramento. The good news is if this is not a refusal case you can usually get a restricted license after one year of suspension on a 2nd offense.


  2. Aaron is correct in that you need to contact the DMV department that sent you the letter to clarify the suspension terms. As you know, you already received one letter setting the original May date of the suspension and that is what will eventually be your start date. Also, you may get a restricted license if you have enrolled in the multiple offender program. Hopefully you have already done this because if you complete a year of the program by the time you request a restricted license you may avoid having to install an ignition interlock device.


  3. If you have a second DUI within the past 10 years, as you know, DMV will suspend your license for two years if you lose the DMV Administrative Per Se Hearing. However, even if you win the DMV Administrative Per Se Hearing, DMV will suspend your license for two years as a result of a conviction for a second DUI. Unfortunately, if you lose both the DMV hearing, and are convicted in court for a second DUI, you generally do not get credit for the time your license was already suspended as a result of losing the DMV hearing. Exceptions are sometimes made by DMV if specifically requested. However, this is more common when the conviction and resulting suspension occur BEFORE the DMV hearing is lost. Nevertheless, it is always good to check with DMV [Sacramento Mandatory Action Unit preferrably (916) 657-6525]. Feel free to call me if you have any additional questions.


  4. If you have a second DUI within the past 10 years, as you know, DMV will suspend your license for two years if you lose the DMV Administrative Per Se Hearing. However, even if you win the DMV Administrative Per Se Hearing, DMV will suspend your license for two years as a result of a conviction for a second DUI. Unfortunately, if you lose both the DMV hearing, and are convicted in court for a second DUI, you generally do not get credit for the time your license was already suspended as a result of losing the DMV hearing. Exceptions are sometimes made by DMV if specifically requested. However, this is more common when the conviction and resulting suspension occur BEFORE the DMV hearing is lost. Nevertheless, it is always good to check with DMV [Sacramento Mandatory Action Unit preferrably (916) 657-6525]. Feel free to call me if you have any additional questions.


  5. As the other attorneys have pointed out, calling DMV in Sacramento is your best bet to ask for credit for all time on suspension. Call 916-657-6525

    Good luck on your case, and if you need a DUI lawyer, check http://dui-help.com
    Joshua M. Dale, Esq.
    415-750-4350
    http://joshdale.com

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