Legal Question in DUI Law in California

DMV Hearing

I have my DMV hearing coming up and my case is as such, 2nd offense, chemical test refusal. When I got arrested I had been in an accident and totaled my car. I was very shaken up and had minor injuries. I do not remember refusing the test, mainly because of the crash. Do I have any chance of getting a restricted license, the judge gave me a restricted license with an IID for three years. I need a car to continue in my career and not having one will seriously impair my ability to succeed in my line of work. Will they consider this or should I expect to lose the license and for how long.


Asked on 9/08/04, 5:39 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: DMV Hearing

As to the refusal, you might have a chance in argument of the facts, but as to the tested BA level, you likely will lose on 'spec' by their rules -- it depends on the facts available at the hearing, on the police report.

DMV gets to independently suspend your license, separate from the court suspension or restriction. However, it may be possible to get a restricted license from DMV if handled right; you likely will have to serve a short suspension -- 30 days.

Contact me if interested in doing this.

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Answered on 9/08/04, 6:06 pm


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