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I lost dmv hearing due to refusal. Got a speed ex without dui school requirement from the court. Should I still take dui classes

Los Angeles, CA |

I don't know which one I should take. The letter regarding my license suspension includes that I need to take dui classrs but doesn't specify which one. 3 months? 9 months? 12 months? Pls help!

Attorney Answers 3

Posted

An APS action for refusing the chemical test simply causes a license suspension. The correspondence you received may just be a form letter from DMV. If there is a requirement that you complete a DUI school it would ordinarily come from the court. Call DMV's Mandatory Actions Unit in Sacramento at (916) 657-6525 clarification.

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George B. O'Neill

George B. O'Neill

Posted

The DMV APS suspension proceedings never REQUIRES anyone to attend any alcohol classes. They do however ADVISE about VOLUNTARY classes that you may attend that may help you obtain a restricted driver's license in some counties. But if the decision was that you did refuse to take a chemical test and were therefore suspended for one year there are no DUI classes that could even remotely help you get any type of license... But at least the speed ex seems to be a very good trade off... but only you really know that. As Mr. White said and I agree... if the Judge ordered a class then attend that class, if not then you're good. You do the class for the offense that you were convicted of and in this case there is no class for that.

Posted

I agree call the DMV mandatory actions unit. If you refused according to the DMV you will lose your license for one year.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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Posted

If your APS hearing was for refusal then you don't have to do a class. If your APS hearing was for driving with a BAC of .08, then you do a class.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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Philip Daniel Hache

Philip Daniel Hache

Posted

It appears that your loss at the DMV was a refusal, but for clarification purposes in the event of losing on a .08 matter at the DMV, if there is no alcohol school required by the court (ie. based on a speed-ex conviction), then you would not be required to do the alcohol school by the DMV unless you wanted to get a restricted license. In the case of a refusal loss at the DMV, there is no option for restricted license.

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