Q: Can the imposition of a restricted license for a PerSe arrest be removed or set aside if the subsequent DUI charge was
dismissed by a court of law?
A:
Your question cannot be answered with a simple yes or no. If this is your first DUI offense within the past 10 years, and if your license was suspended for 120 days (a per se suspension), then if your DUI charge is dismissed in the criminal court, then the Driver License Division should reinstate your license when it gets proof of the dismissal.
However, if this is your second or subsequent DUI arrest within the past 10 years, or if your license was suspended or revoked for a refusal to submit to a chemical test, then the dismissal of the criminal charge will not lead to you getting your driver license back immediately. If that is your situation, you won't get your license back until you reinstate it when your suspension or revocation period is over, as imposed by the driver license division. Good luck!
A: No. It is an administrative hearing with a lower burden of proof. Exceptions exist. Call your lawyer.
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