Q: How can a person sue the dmv? (Asking for a friend) Pulled over on suspected dui Breath scored .039 & .037 Blood .02.
Administrative hearing found her guilty of denying chemical test even though she did not refuse urinalysis. PD stated "they were not set up for that"
DL suspended for 1 year
No court date set by DA
A: In general, no. The PD cannot handle DMV hearings, at least typically they don't. The DMV rules based on the police reports. It looks like
A: The only way to reverse a DMV decision is by way of an appellate writ. However, you may not get damages. You may get Attorney’s fees but they are limited to $7500.
1 user found this answer helpful
A:
Your friend can go to the California state court and have a lawyer apply for a writ of mandamus, overturning the DMV's decision.
However I suspect that the DMV's decision was based on your friends refusal to take a test of her/his breath or blood. If your friend was properly admonished by the officer of the arresting agency, then their failure to submit to a test of their breath or blood could be held against them when no urine test was deemed available or sufficient. Generally, these days, urine tests are reserved for tests as an alternative to blood tests, when drugs are suspected, rather than alcohol.
1 user found this answer helpful
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