I got charged with a DUI in WV, the criminal court dismissed the case. I filed for a court date at the wv dmv

Asked over 3 years ago - Huntington, WV

However, they are saying they have no record of it. Since I never received notice for a hearing, they apparently put a hold on my MARYLAND driving license and I am unable to renew it or obtain a new one. I called WV dmv and they are saying I have to do Interlock and Substance abuse classes. Why? When I was never convicted of the DUI.

Additional information

Also , they (WV DMV)are now saying since I contacted them, my license is revoked in all states, when before if you pulled up my record it showed nothing about the DUI just the dismissal. Is there anything I can do.?

Attorney answers (2)

  1. Harley O. Wagner

    Pro

    Contributor Level 10

    Answered . First and foremost, only Maryland can suspend a Maryland citizens license NOT West Virginia or any other state. So, unless Maryland has notified you via certified mail to the address on your license than you are perfectly lawful to drive everywhere in America except within the borders of WV. Real easy way to double check: Go into local MVA and check status of your MD license. They can't do anything to you. You're simply asking a customer service person to check the current status of your Maryland license.
    What I suspect has happened on the WV DMV side -as we have two seperate courts in WV, criminal court and license/dmv court, is that you got your DUI charge dismissed in the criminal court but lost the DMV side either due to untimely hearing request or hearing held, decision returned and you lost. Either way, you are going to have to enroll in the alcohol safety treatment course asap (i.e. license classes). I always recommend coming over to West Virginia to take them and knock them out. Core course is once a week for six weeks, 3 hours at length each session, all kinds of dates times and hours. For if you do not take these classes and complete them, with reintstatement fee paid, then WV will never release you and you will forever be suspended in WV for the remainder of your life. And when you go to renew your Maryland license Maryland will not renew if suspended in another state. As such, the asap need to get into the license classes. As a Maryland resident, you can elect the no driving in WV for 90 days if BAC allegation < .15; six months if > .15; or 1 year if alleged to have refused the breath machine at the station. Again, these minimum mandatory periods of suspension depending on your case facts are contingent upon you completing the license classes with reinstatement paid. ..Unfortunately this type of thing happens all the time. Citizens get a reduced charge or outright dismissal in criminal court but lose DMV side and have no idea what they are doing or how to get all in place and corrected so does not follow you down the road in life so to speak. -which is another reason why representing yourself and/or seeking counsel that is not experienced and devoted to DUI defense is highly unwise. I would be happy to discuss my firm's overseeing and assisting you through this endeavor should you wish to discuss further. Sincerely, Harley O. Wagner, Esq. - www.WestVirginiaDUILaywers.com - 304.901.7400

  2. Matthew Thomas Martin

    Pro

    Contributor Level 11

    Answered . I suggest you speak with a local criminal defense lawyer that is familiar with DWI DUI laws in WV (I am not licenses in WV). However, typically a DUI DWI charge will trigger a criminal case and a civil case (license revocation). The criminal case will proceed without action on your part. However, a driver’s license revocation is generally classified as a civil revocation whereby you (i.e., the petitioner) must file a petition with the court requesting judicial review of that revocation. If you fail to do so within the timeline provided then regardless of the outcome in your criminal case you have waived your right to contest the revocation and once finalized then the Department of Public Safety (DMV) will communicate that information to all other states electronically. The dismissed criminal charge record has no bearing on your driving record.

    Disclaimer: This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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