Getting a driver's license back

[balatin]

Hello,

I live in California and my girlfriend got a DUI in February 2012. When she was pulled over the officer's brethalizer was not working. They asked her if she would take a blood test instead. She asked if she had to and the officer said no she didn't. This went down in the record as a "refusal". She went to court and the police officer explained to the court that he had not explained the situation to her and the refusal was dismissed in court. However, apparently the DMV hearing officer thinks that she should have known it was a refusal and will not allow her to get a restricted license. As a result, she is being forced to wait 2 years to get her license back. My question is, is there anything she can do to get her license back earlier? If the court dismissed the "refusal" can the DMV still keep her from getting her license?

Thanks for your help!

 

[Zigner]

Hello,

I live in California and my girlfriend got a DUI in February 2012. When she was pulled over the officer's brethalizer was not working. They asked her if she would take a blood test instead. She asked if she had to and the officer said no she didn't. This went down in the record as a "refusal". She went to court and the police officer explained to the court that he had not explained the situation to her and the refusal was dismissed in court. However, apparently the DMV hearing officer thinks that she should have known it was a refusal and will not allow her to get a restricted license. As a result, she is being forced to wait 2 years to get her license back. My question is, is there anything she can do to get her license back earlier? If the court dismissed the "refusal" can the DMV still keep her from getting her license?

Thanks for your help!

Ya know...folks are supposed to learn these things before getting their license in CA. I suppose she didn't think it was all that important then, did she?

I would suggest that she consult with a DUI attorney.

 

[balatin]

I'm sure there are many people who have no idea that that would happen. Regardless, that information doesn't help her situation. She has consulted a lawyer and paid a significant amount in fees with no real help. Is it true that the court system has no jurisdiction over the DMV? Can the DMV hearing officer restrict her from getting her restricted license if the court determined it's ok and dismissed the refusal? If so, is there anything she can do to appeal?

 

[CdwJava]

Yes, the DMV can still withhold her license. They are not obligated render a decision consistent with the courts.

You say the refusal was dismissed ... not sure what that means by itself as a refusal is not a crime in CA, but was she also convicted of any DUI or related offense? Or, was the entire matter dismissed?

Did she ever seek an administrative hearing with the DMV after the dismissal? According to their own website the hearing officer must consider these facts:

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

-- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
-- Were you placed under lawful arrest?
-- Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
-- Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?​

http://www.dmv.ca.gov/dl/driversafety/dsadminvscriminal.htm