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  1. #1
    Join Date
    Mar 2019
    Posts
    1

    Default Arrested for DUI and Had Dl Suspended, but DMV Sent Me a New Drivers License

    My question involves a driver's license issued by the State of: California

    I was arrested 1/5/19 for suspicion of DUI. I blew a .09 and a .10. My license was taken from me by the arresting officer. A couple days later I requested a DMV hearing to challenge the suspension of my drivers license. While waiting for my criminal trial and my DMV hearing, the CA DMV sent me a DL renewal. My DL was set to expire in April 2019 and this was a typical DL renewal that they send out 2-3 months before the expiration of the license. I paid the renewal fee and after 3 weeks a brand new drivers license was sent to me in the mail which states no restrictions, and is valid until April 2024. The DMV hearing came up a couple weeks ago and the DMV decided to uphold my suspension. My suspension is from 3/29/19 until 6/29/19. DMV states inorder to get a new DL i must do DUI classes, submit SR22 insurance and pay a $125.00 reinstatement fee. The DMV sending me a new DL has caused me a bit of confusion.

    Since I have a DL do I still need to follow through with DUI classes, SR22 and reinstatement fee?

    If a police officer were to pull me over during my suspension time-frame and I handed him my DL which states valid until 2024 would I still be arrested for driving with a suspended license? I assume they can still see my DL is suspended in their database.

    Is the DMV sending me a new unrestricted DL while I was awaiting DMV hearing grounds for appealing the suspension?

    It is a bit of unique situation. Thanks in advance for any help.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,269

    Default Re: Arrested for DUI and Had Dl Suspended, but DMV Sent Me a New Drivers License

    I suspect you received the new license because the paperwork had not yet caught up with the reality of the temporary suspension. The DMV is woefully understaffed these days and paperwork is months in arrears.

    Now, if the DMV upheld the suspension, it is likely that the matter will be conferred to their database rather quickly, and any officer that pulls you over and runs your license through the state database will find that it is suspended. Further, the service code will likely reflect that you KNEW of the suspension. If you are operating a vehicle with a suspended license with good service, you could lose the vehicle for 30 days and it would cost you over $2,000 to retrieve it after that time ... not to mention the fact that you could also be charged with a misdemeanor criminal offense.

    The fact that you got a boon by receiving a new physical license and the DMV's paperwork is behind is NOT grounds to challenge the suspension for having a BAC of .08 or greater.

    If you want to get a clear and valid license, you had best follow through with the classes and do what they informed you to do. Also keep in mind that what the DMV requires will be in addition to whatever penalties might be applied by the court if you are convicted of the offense. And, even if you somehow prevail at trial or the DA magically drops the case, the DMV's decision is separate and unrelated to any court decision.

    If you have not already done so, you should retain legal counsel so as to minimize any penalties that mighty result from your poor decision.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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