Legal Question in DUI Law in California

DMV Hearing on 2nd Offense DUI with refusal

I received a second offense DUI in April and have settled my case. I served my jail time and accelerated my SB38 program and should complete it by the end of Sept. All other requirements have been met as well. The judge gave me a restricted license. I have not had my DMV admin hearing yet. I alledgedly refused the chemical test but I had been in an accident, my car totaled and the airbags banged up my face badly and was I very dazed, so I don't remember being asked. Do I have any chance of convincing the DMV to give me a restricted license?


Asked on 8/23/04, 11:28 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: DMV Hearing on 2nd Offense DUI with refusal

As to the 'refusal', that possibility exists because of the facts. As to the arrest and conviction, DMV policy is to suspend unless you can show the arrest was improper -- your conviction / plea nixes that argument.

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Answered on 8/24/04, 1:26 pm


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