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I just recieved a letter from dmv that I recieved a DUI a month ago! Which I never was arrested or put in jail! Is that possible

Huntington Beach, CA |

I was drinking and my vehicle outside of my house with keys in it , as I was packing up my home to move! I got a head injury while moving things and split my head open and my boyfriend had to call 911 as I bleeding from my head pretty bad! And was knocked out!! I guess the fire and ambulance and police sept showed up which I was still knocked out!! And police issues me a DUI!!! I have had a DUI before , but just so confused how they could give me a DUI as I wasn't driving!! But knocked out in front yard!!! Plz let me know what u think. Thank you

Attorney Answers 9


  1. Best answer

    This may be more complicated depending on what was said to the cops. Do not post any more facts here since it is a public forum. If the officer did not see you driving, there may be issues. More importantly, the fact relating to what you or witnesses said about when you got there to move and what you may have had to drink after you got there will be important as well as why the cops showed up. Consult an experienced DUI attorney in your area. If the cops do not have any information relating to driving, when you had alcohol, the lawfulness of the BAC evidence, there may be a defense. Most importantly, an experienced DUI attorney if you contact him or her within 10 days of the incident can set a DMV administrative hearing to slow down the suspension process and subpoena documents and or/video that may help in not only the DMV administrative hearing, but in your criminal case! Good Luck!


  2. You will not find you final answer here...
    However from what you described you are not guilty of DUI in case you thought that what you were doing amounted to DUI. While that could be true in some States, it is not true in California.
    i expect that they are going on the theory that you hurt yourself in an accident while driving... or they just didn't know I are going to leave you and your attorney to figure it out. You were smart to start looking for information... but simply explaining to the court is not going to get the job done. You are going to need help figuring this out in court.


  3. Need to see the notice that you actually got because I think you may have
    gotten an ability to drive hearing notice rather than a DUI need to speak
    with an attorney as soon as possible in your area about the notice you got
    from the DMV


  4. Yes. The cops sent a form DS367 to DMV without providing you a copy. I can help you, but I need much information. Officer Bau?


  5. Yes the concept is actual physical control. Get a lawyer.


  6. It sounds like the DMV has begun an administrative suspension of your license. Since you've indicated a prior, this would be a one year suspension. Typically, you've got only 10 days from the date of your arrest to request a hearing, but if the police failed to notify you that they would initiate a suspension with the DMV, your attorney can get you a hearing and start fighting your license suspension. Whether the DA will file DUI charges against you is uncertain, but if they do, they'll allege the prior, and you'll be facing a second DUI charge. Act quickly and speak with some attorneys soon.


  7. I believe that you need to lawyer up since there is very little that you know. It appears that the police claim that you were driving at the time of the incident. Now you must prove otherwise. Your word against theirs is a weak case so you need to find better facts to support your story. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  8. Yes, it is certainly possible; however, it also seems like you would have numerous possible defenses if they did in fact charge you with a DUI. Contact a lawyer and give them more information privately. They'll be able to guide you through this tough (and confusing) process.

    Nothing said here shall be construed as legal advice. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. If you require further assistance, please contact an attorney privately.


  9. I am probably ringing the bell again, but it may be that you were erroneously cited for DUI. It is well worth your while to meet with an attorney. Many counsel on Avvo offer free consultations.

    Michael Fell is a former Orange County Senior Deputy District Attorney where he prosecuted Orange County cases for over 18 years. Mr. Fell has been twice featured as a Top Attorney in Orange County by OC Metro Magazine in 2011 and 2012. With his years of experience as an OC Prosecutor, Mr. Fell has the inside edge in negotiating criminal cases with his former office. He has been practicing in Orange County for over 23 years, has handled thousands of criminal cases and offers FREE consultations. He is also an avid victim rights attorney and has handled many high profile "Marsy's Law" cases throughout California.

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