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.

 Author of "The DUI Answer Book" A Citizen's Guide to Understanding Your Rights

​Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win.  (909)798-1500