CA DUI DMV Refusal Hearing license suspended for one year. moving to nm next year

[viperbeam]

I recently lost my dmv hearing and got my license suspended for a year for a refusal. I haven't been charged with anything by the court (It's almost a year now). I'm moving to New Mexico for school next year. My question is can I apply for a Drivers License in New Mexico? I spoke with an attorney in new mexico and she said that I'm going to need an ignition interlock for 6 months. (Don't know if shes right, since I forgot to mention that the court didn't charge me with anything) Can't only the court decide to install an ignition lock in my car?

 

[Zigner]

NM won't issue you a license if you are suspended in another state.
Well, they may issue the license, but it will also be suspended.

 

[viperbeam]

Thanks for the quick reply. It's not the answer I was hoping for, but oh well.

Anyways, what is the process of appealing a DMV decision?

If by any chance I don't get charged with anything by the court once my year is up? Can I get a judge to do a DMV Writ?

 

[HighwayMan]

The refusal has nothing to do with the criminal charges, or lack thereof.

Your refusal penalty is administrative in nature, not criminal. I'm sure the DMV has a process to appeal a refusal hearing. It's up to you to contact them to find out how, although depending on when your hearing was it may be too late.

 

[FlyingRon]

You should have been given the information on how to request a departmental review at the time of the hearing. That's the appeal process, but barring some indication that either the stop wasn't warranted or you didn't refuse, there's not much chance to fight it.

As pointed out, that nobody will give you a license until you are square in CA.

 

[DUIAttyPCho]

You won't be able to get a New Mexico license until you take care of your one year suspension in California. Even though the prosecutor decided not to take action on the case itself, you still have a suspended license for the refusal as far as DMV is concerned. Now, there is a way to vacate that suspension, and you don't have to file an appeal with DMV to get that result.
What you are dealing with right now is a "soft" suspension from DMV. That soft suspension changes to a "hard" suspension once the DMV receives an abstract from the Court verifying that you have been convicted of a DUI.

Without that abstract, your suspension, although it is in existence, can be overturned by showing DMV that your case has not been filed in Court. Hence, it is called a soft suspension and not a hard suspension.

You need to call DMV in Sacramento and request a form that essentially requests that DMV unsuspend your license. Once they send that form, you need to go to the District Attorney or City Attorney (depending on who has jurisdiction) and have them sign the form essentially stating that they do not intend to file your DUI case in Court, and that it was turned down because of so and so.

Once DMV receives that paper, they will vacate your suspension, and you can then get a New Mexico license. Unfortunately, a 1650 waiver won't work in your case because you were actually a resident of California and had a license in California when you were arrested for DUI.

Hope this helps!