How come I need the interlock and my drivers license was suspended if the agg DUI was dropped?

Asked 7 months ago - Lovington, NM

I got hit with a agg DUI was NOT arrested but did go to the "drunk tank" for 18 hours .... I was NOT read my rights. I got a lawyer and when court time came the judge dropped the aggravated DUI as soon as court started . How come I need the interlock and my drivers license was suspended if it was dropped?

Attorney answers (3)

  1. Stephen D Aarons

    Contributor Level 16


    Lawyers agree

    Answered . You WERE ARRESTED when you went to the drunk tank. Those not arrested go home. Although the prosecutor dropped the aggravated portion of your DUI, DUI first simple carries a one year mandatory ignition interlock even when they drop the aggravated portion. And MVD licensing is independent of the court system. Do not drive without the correct license and interlock for that offense carries one year in jail and will net you 30+ days in jail no questions asked!

    Please do not confuse the casual and impersonal exchange in this or any legal chat room with entering into an... more
  2. Brian Robert Dettman

    Contributor Level 13


    Lawyers agree

    Answered . Did you take a regular (non-AGG) DUI? It could have been part of your requirements. Sometimes prosecutors will agree to drop aggravating factors, but not the requirements that go with them. You should ask your attorney to clarify. Good luck.

    Kentucky and Florida Licensed. Free consultations. 502-424-2016. www.KYFIGHTDUI.COM Follow me on twitter: @... more
  3. Derek Anthony Patrin


    Contributor Level 19


    Lawyers agree

    Answered . In many states there is a disconnect between the DMV penalties and the consequences in the criminal court action. One doesn't necessarily automatically affect the other. Consult with your attorney about this to get the best answer since your attorney knows exactly what happened and why.

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