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Q: How can the DMV convict you of a DUI when the court drops the case?
I returned my CA Driver license in 2016, in 2020 i was stopped and taken to jail for a dui. at the time I was responding to my daughter who was passing out and needed medical attention. I had a taxi to come and take me home when I received this call. under the circumstance I left and was pulled over. during that time the police officer did call an ambulance and she was taken to the E.R.. I was then taken into custody and gave a blood test, at which time they used a Alcohol swab on my arm. I asked why they are not using beneddine. which the officer and nurse had a wide eyed response. I was released and got a lawyer asap. later the district attorney declined to press charges and I received a letter from the officer amending my arrest to a traffic detainment. I later had a DMV hearing which the DMV officer informed me his decision will be mailed. I received it the next day. and it was unfavorable. how can the DMV suspend me for a dui when I was never prosecuted?
A: Unfortunately, the DMV process is a separate administrative process, which is related but not contingent upon the outcome of the criminal proceeding. If you have already had your DMV (APS) hearing, resulting in a suspension of your license, trying to reverse the decision is almost impossible. The DMV does not abide by the same standard of proof required for a criminal case to proceed, nor is it bound by the rules of evidence applicable in a criminal case. As such, the action on your license requires very little proof beyond the initial stop by the officer. You may want to consult a local attorney who specializes in DMV administrative actions, to see if you can still appeal the suspension of your license.
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