Innocent Until Proven Guilty?

[SolGlow]

What is the name of your state (only U.S. law)? Michgan

Greetings all,

My question is more related to a license suspension caused by a DUI.

Charged with 3 offenses:

1) OWI
2) PBT Refusal
3) Refused Prints

OWI was reduced to OWVI, the other two charges were dismissed.

Received a notice in the mail that license was restricted for 90 days. Three days later received a notice that license was suspended for one year because of refusal.

Hired attorney and had took the license issue to civil court where a restricted license was granted for 1yr.

I'm thinking aloud here, but if charges were dropped (I.E. never charged, never did plead guilty, etc.) how can a license be suspended for 1 year? There was never a conviction of the refusal.

Yes, I had a lawyer but at the time was concerned with being able to drive to and from work to provide for my family.

[FlyingRon]

You don't need to be convicted of anything for the refusal. That's an administrative action. All they need to do is give some due process (and I suspect there was some sort of hearing oppurtunity). You gave implicit consent to the test (and the sanctions) in getting your license.

[paguy88]

Originally Posted by SolGlow

What is the name of your state (only U.S. law)? Michgan

Greetings all,

My question is more related to a license suspension caused by a DUI.

Charged with 3 offenses:

1) OWI
2) PBT Refusal
3) Refused Prints

OWI was reduced to OWVI, the other two charges were dismissed.

Received a notice in the mail that license was restricted for 90 days. Three days later received a notice that license was suspended for one year because of refusal.

Hired attorney and had took the license issue to civil court where a restricted license was granted for 1yr.

I'm thinking aloud here, but if charges were dropped (I.E. never charged, never did plead guilty, etc.) how can a license be suspended for 1 year? There was never a conviction of the refusal.

Yes, I had a lawyer but at the time was concerned with being able to drive to and from work to provide for my family.

I think this is the best way to look at it.

Several suspensions can happen as a result of a DUI convition.

that said. The DMV takes the stance, that if asked for blood or breath you have to give it or lose it for one year. You agree to this when you get a DL.

You refused and broke a rule that the DMV has, this is not a court rule or punishment via a convition.

[SolGlow]

Originally Posted by paguy88

I think this is the best way to look at it.

Several suspensions can happen as a result of a DUI convition.

that said. The DMV takes the stance, that if asked for blood or breath you have to give it or lose it for one year. You agree to this when you get a DL.

You refused and broke a rule that the DMV has, this is not a court rule or punishment via a convition.

Therein lies the issue - its documented in the police report that I asked for, and received a blood draw instead of the PBT.

[ERAUPIKE]

Originally Posted by SolGlow

Therein lies the issue - its documented in the police report that I asked for, and received a blood draw instead of the PBT.

How were we supposed to know that?