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What if I lose my DMV hearing but win my criminal case in California?


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11/17/2008
Anders Johnson
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You've gone out for drinks in San Francisco.  Later, on the ride home through the SOMA district, you get stopped by the San Francisco police.  You are arrested, and a subsequent Blood Alcohol Content test has you at 0.14, over the legal limit in California.  When you are arrested in California, there are two different cases:  the criminal case and the Department of Motor Vehicle administrative case.

You must request a DMV hearing within ten days of your arrest.  Otherwise you automatically lose.  By losing, you lose your license for 120 days.  You also need to obtain SR-22 insurance proving you in fact have insurance.  You will need to obtain proof of enrollment in a DUI school for at least three months.

If you have a DMV hearing and win, and you win your criminal matter, then nothing will happen to your license.  If you, however, lose your DMV hearing, but win your criminal matter, you still need to get the SR-22 insurance proof, take the DUI school, and have your license suspended.  Why?  Because the DMV case and the criminal matter are completely separate, and one does not effect the other.

Hiring a qualified DUI attorney in San Francisco will help guide you through the maze of the DUI laws, and explain the consequences of every possible result from a DUI arrest.

Category: DUI and DWI Laws For California


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