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Asked over 2 years ago - Los Angeles, CA
Flag1203.2(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?
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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).
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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