I have gotten two DUI's. The first was in June of 2016 and the second July 2018 (while on a suspended license).The first one was dismissed, so In the courts perspective I have 1 DUI but in the Dmv's perspective i have two DUI's but was only convicted of one. Now, because of their rules, I have to wait a full year to get my license back. I asked them that in order to get my license sooner I would need to be convicted of another DUI and their answer was yes. I just find this crazy to believe and am wondering if anyone knows anything I can do or a way around this.
It sounds like DMV still suspended your license through an administrative proceeding in 2016, so it counts as a prior DUI, even if the criminal case was dismissed.
This answer is a general discussion of legal principles by a California lawyer. It does not create an attorney-client relationship. Free initial consultation applies only to individuals with current or potential criminal charges in Butte County, California and adjoining counties.
Read LaChance v DMV.
I challenged the DMV doing this, and although I won at the trial court, the DMV won on appeal.
However, there is one possible way to win and get your license. Read LaChance carefully, or hire an attorney that knows this area very well - and knows this hidden possibility.
This does not form an attorney-client relationship. I require a written agreement before I begin work on any case.
These cases are very fact specific. There is not really enough information here to answer the question. Based on what you have written, two APS actions, results in a one year hard suspension.
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