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  1. #1
    Join Date
    Jul 2014
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    Default Getting a License After a DUI Revocation

    My question involves a driver's license issued by the State of: Arizona, but I live in California now.
    I need some help/advice on what my next step should be to get my license back from a DUI revocation. I was convicted of a metabolite drug DUI in April of 2013 in Arizona. I was pulled over on January 1, 2012, blew zeros, passed a field sobriety test, but they found a small amount of marijuana in my truck and decided to go after my blood. I had no alcohol in my blood, just a small amount of metabolite, and at that time any drug metabolite found in your system in Arizona while driving was considered a DUI. I went to court in July 2012, lost and then appealed and lost that in April of 2013. Now here is where it gets complicated. In April of 2014 the AZ supreme court ruled that drug metabolite DUI’s were no longer allowed to be considered a DUI, this was approximately 3 days before my 1 year license suspension was up. I got a breathalyzer installed in my truck in May, and began the process of license reinstatement. To do the revocation reinstatement packet I had to see a substance abuse counselor, who then denied me my license because of medical reasons. I am a medical marijuana patient for crohn’s disease, and I have a prescription for aderrall. I provided my MMJ card to the counselor but she said that she didn’t need to see my prescription for the aderrall and drug tested me, which of course I had marijuana in my system. I also explained to her that when I medicate in the mornings knowing that I’ll be behind the wheel, I use these tincture drops in which THC’s psychoactive ingredients have been removed. This gives me relief for my inflammation and pain without feeling “high”. Well, I got the revocation packet back from the DMV and the S/A counselor denied me and said that I was at a high risk of DUI again and to come back to her when medical protocol changes. I have since moved to California for a new job and I don’t really know what to do or where to go next. When I contacted the Arizona DMV, they said I could request an executive hearing and they would review her decision. What would I say to them in the hearing, or what are they looking for? Do I even have a chance in this executive hearing to am I just wasting my time. Should I just go to another S/A counselor and try and reapply for license reinstatement ? I’m assuming that even though I have completed all of my requirements for the DUI that my license will still show up revoked therefore making me ineligible to just walk into the CA DMV and trying to get a license. Also, would anyone know, now that the state of AZ has reversed it’s viewing on metabolite DUI’s, does this make it easier for it to get expunged off my record seeing that what I got a DUI for is not even considered a DUI now?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Getting a License After a DUI Revocation

    Quote Quoting nbr26315
    View Post
    What would I say to them in the hearing, or what are they looking for?
    Presumably (a) the truth and (b) convincing evidence that you aren't going to drive while stoned.
    Quote Quoting nbr26315
    Should I just go to another S/A counselor and try and reapply for license reinstatement ?
    If that's the only thing that's keeping you from getting reinstated, and a new opinion will override the prior opinion, it's an option for you to consider.

    I don't know what issues you raised during your prosecution, whether you went to trial or were convicted by plea, or what issues you raised on appeal; I suggest discussing the possibility of seeking post-conviction relief with the lawyer who handled your appeal.

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