I got a DUI one year ago today. It was pretty far away from my home so my lawyer had it moved to my area.

Asked over 1 year ago - Vacaville, CA

He told me after a year they can not charge me, but I still have my license taken away. I was charged with a misdemeanor yet I was under .05 and under 18. I am under the assumption that if i was charged with a wet and reckless I would still have my license. Any hope to get my license back?

Attorney answers (4)

  1. Matthew Murillo

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . I'm confused. You suggest that you have not been charged at all with the "one year to charge" you, but then you suggest that you were convicted of something. If your case was never filed by the DA, you have a right to request a new DMV hearing if you do so within 1 year from arrest. Unfortunately, it seems like you've lost that right.

    As for the "wet reckless" information you are getting, it's wrong. That simple. For an adult, a wet doesn't translate into a license suspension. If under 21, ANY alcohol related offense conviction will trigger a license suspension. Even if it doesn't involve driving (ie, public intoxication).

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  2. Michael Jon Fremont

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . You really should speak to the attorney that handle the case under 21 gets
    you a one your license suspension from the DMV regardless of the court
    outcome if no criminal charges were filed after. a year they cannot be
    charged now you should be able to get your license back without restrictions

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I strongly suggest that you call your attorney, as they will (or at least should) be in a much better position to answer your questions than any of us on here. With that being said, DMV can and does suspend your license independently of what happens at court. Because you are under 21, DMV almost assuredly suspended your license due to a violation of the Zero Tolerance policy. Talk to your attorney to be sure. Good luck,

    Jasen Nielsen

  4. Mark Lawrence Deniz

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Mr Fremont is correct. It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford on this issue. You should obtain a free consultation as soon as possible. Good luck

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