How does license suspension work when couple with diversion?
If you failed or refused a breath, blood or urine test and didn't request or conduct a DMV hearing, then, yes, your license will still be suspended for the failure or refusal. The DMV doesn't care whether you're ever charged, much less whether or not you do diversion. You can fight this initial suspension too, though. Contact an experienced attorney today.
The DMV is an administrative agency and you have to think about its license suspension separately from the DUII suspension from the court. The DMV will suspend your license on the thirtieth day after you are arrested from DUII and either fail a breath test, urine/blood test, or refuse. The length of the DMV suspension varies depending on your prior DUII history and whether or not it was a breath test failure or refusal. You have the opportunity to challenge the DMV suspension at an administrative hearing. This is different than a court proceeding, and if you prevail the DMV will not suspend your license. If you lose, the DMV will suspend your license. These hearings are very valuable especially if you are diversion eligible, because it gives attorney's an opportunity to determine the strengths and merits of the criminal case.
The criminal DUII case is handled in Court. There is not an automatic license suspension and your license is only suspended if you are found guilty of DUII. The Court will not suspend your license if you enter into diversion. However, if you do not successfully comply with the terms of diversion a conviction will enter and your license will be suspended for a minimum of a year. This is why it is important you consult with an attorney. DUII diversion is not easy to complete and the courts have little patience with people that miss classes, fail to pay fees, and fail to complete treatment.
There is no license suspension in diversion. This is one of only a couple of valid reasons for going diversion.
If your license was suspended by the DMV (as the other attorneys have discussed), diversion will have no effect on the DMV suspension and the DMV suspension will have no effect on your diversion.
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