San Diego, CA asked in DUI / DWI for California

Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help

I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says dui classes deleted and no further action needed. I am in surgical tech school and can not have anything on my driving record and need my license to drive to clinic. Pleas help.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if your license was suspended by the DMV and not due to a court order, you need to contact the DMV directly to resolve the issue. The DMV operates separately from the criminal court system, so even if your DUI charges were dismissed, the DMV might have different requirements or might have taken action based on other factors.

First, try to schedule a hearing with the DMV regarding your suspension. You can do this by visiting the California DMV website and finding the section for scheduling administrative hearings, or you may visit a local DMV office in person. Prepare all relevant documents, including your court dismissal, DMV driving record, and any proof of DUI class completion or deletion.

If you're unable to get through by phone or schedule online, consider writing a detailed letter to the DMV's Driver Safety Office explaining your situation. Include all necessary documents and a request for a hearing or review. It's crucial to keep copies of all correspondences and documents for your records. Remember, maintaining clear and detailed communication with the DMV can be key in resolving your issue.

Dale S. Gribow
Dale S. Gribow
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: When cited for a DMV, there are 2 separate entities that can affect your license: the court and the DMV. One ruling does not necessarily affect the other.

you had to contact DMV within 10 days of an arrest to set a hearing date....did you do so?

did you have a lawyer? if not consider getting one now!

the public defender only assists with court, not DMV.

most DMV hearings result in an adverse ruling against the driver and result in the driver having to take classes...if you didn't then you violated the DMV ruling.

all of this has nothing to do with whether you were under the influence. Your problem is probably not whether you were guilty or not but rather that you did NOT do something mandated by The DMV.

sometimes the issue is too many points, but 14 years later sounds screwy.....get a lawyer.

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