I was arrested for DUI but was never formally charged & my case never went to court. Now almost 2 yrs. later the DMV is

Asked over 3 years ago - Las Vegas, NV

suspending my license. They say that my blood level was over the legal limit, & that gives them the right to take my license for 3 mo. regardless the fact that I was never charged with a DUI by the state.

Attorney answers (2)

  1. Jay L Siegel

    Pro

    Contributor Level 6

    Answered . DMV is correct - if your BAC was .08 or more the DMV will suspend your license for 90 days. If you are still in the suspension period, then you can request (or better have an attorney request) a DMV hearing. This will allow you to challenge the finding. Because, if you do nothing then the suspension will go on your DMV record and you will need to get an SR-22 insurance for 3 years before you can reinstate your license. While you challenge the DMV you can get a temporary license.

    Finally, it is possible that you have been charged but notification went to a bad address. You should check with the court to make sure you are not in warrant.

  2. Joshua H Reinitz

    Contributor Level 12

    Answered . You should contact a local attorney as teh DMV regulations in each state differs. Generally they would need to establish that the reading is accurate to take your license but the standard may be lower than in the DWI case in court.

    Best of luck.

    Joshua H. Reinitz, Esq.
    Iacullo Martino, LLC
    (973) 235-1550
    jreinitz@iacullomartino.com

    If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Disclaimer: The information here is general and not intended to be construed as legal advice or form an attorney-client relationship. For specific advice contact a qualified attorney.

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