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

Asked over 3 years ago - 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. Paul Richard Burglin

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . 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).

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . 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.

  3. Rohn Conan Barrow

    Contributor Level 14

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

  4. Philip Daniel Hache

    Pro

    Contributor Level 16

    Answered . 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.


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  5. Hussein Ali Chahine

    Contributor Level 13

    Answered . 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.

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