Skip to main content

DUI probation violation .01 or above BAC. Won DMV hearing for DUI, lost jury trial for DUI. Will DMV return my license?

Los Angeles, CA |

1203.2(A)PA probation violation O.R. with .01 or above BAC. Was released as soon as someone picked me up. The DMV did not find me guilty of a DUI at the DMV hearing, although I was found guilty by a jury trial of a DUI. Does the DMV consider this .01 or above BAC on probation not relevant in my case because I won the DMV hearing initially, and it was strictly a court restriction? At the police station the arresting officer said the DMV will likely return my driver's license in the mail. Should I call the DMV and ask for it back?

Attorney Answers 5


  1. You should talk with your attorney. They should guide you on this. Call the DMV.


  2. The DMV will likely be notified of your conviction. You can contact the DMV directly about getting your license back. If you are eligible to get it back, they will give it to you. If you are not, they will not. Also, check with your Attorney who handled your case. Your attorney who knows the sentence that went along with your conviction should be able to help answer this question specifically for you.

    DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  3. If you were over the age of 21 at the time of this incident, then the DMV administrative suspension action was for driving with a .01 percent or higher while on court probation for a DUI. Even though you may have won the DMV hearing and avoided the one year administrative suspension, the conviction in Court on a second offense DUI triggers a two-year revocation of your license. If the DUI involved alcohol only and no drugs, you are eligible to apply for an Ignition Interlock restricted license after serving 90 days of the license suspension period (in your case, this will be 90 days after you are sentenced on the DUI in Court).


  4. Mr Burglin is the only one in this confederacy of two dunces to know the right answer, which shocks me considering that the dunces are licensed to practice in CA. They shouldn't be. Thumbs up to Mr. Burglin.


  5. The court will notify the DMV of the conviction, which will trigger a license suspension notwithstanding the fact that you prevailed at the DMV hearing. If this is your second DUI, you will be eligible for a restricted license after 90 days. Good luck.

DUI topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics