I got pulled over for a DUI, but did not get charged, when do I get my license back?

Asked almost 6 years ago - California

When I got pulled over for a DUI on March 2, 2008, I had little alcohol in my system. Later on, I got the DUI charge dropped, but the DMV had already taken my license. I don't see why I would need to take a DUI course to get my license back if I didn't have a DUI to begin with. When is my license going to be returned to me, and could I get a restricted license before it is returned?

Attorney answers (3)

  1. Edward Jerome Blum

    Contributor Level 16

    Answered . In California there are two separate proceedings. A criminal one and a civil proceeding administered by the DMV. When you are arrested, you are given a pink DS 367. This notifies you that your license will be suspended in 30 days if you don't ask for a hearing within 10 days. If you did not ask for a hearing, or if you did and your license was suspended at the hearing, then in order to get your license back from the DMV you have to show proof of financial responsibility and proof of completion of the 3 month drunk drivers program.

    This suspension is completely independent of whether you were found guilty in the criminal proceeding.

    Short answer: Your license will be returned when you jump through the hoops the DMV has required you to jump through.

    Once you enroll in the 3 month class you may be eligible for a restricted license, to and from work/school and to and from classes.

  2. Joshua Matthew Dale

    Contributor Level 13

    Answered . Hopefully you've contacted the DMV and chosen to fight your license suspension.

    If you do nothing to fight for your license and miss the 10 day limit to contact the DMV, your license is automatically suspended 30 days after arrest.

    You do not get your license back until the DMV sez you can get it back - contact 1-916-657-6525 and DMV in Sacramento can tell you. It is either 4 or 6 months, 1 or 2 years, or it is revoked for a number of years more.

    Good luck on your case and fight it!
    Joshua Dale
    www.joshdale.com

  3. Ryan Patrick McClure

    Contributor Level 13

    Answered . Sure, you can always apply for a restricted license. You should contact the DMV about the return of your license since the charges were dropped. Good Luck!

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