DUI Question

[JMack]

Greetings respected LEO's,


A friend of mine, seriously, this is not about me, got pulled over for a DUI in Oakland a couple of weeks ago. They gave him the usual drills and the breathalyzer. He blew .09 or something like that. He was legally drunk for sure. The officer takes him to the county and takes his mug shot , the works.

So my buddy retains a lawyer and prepares for the worse.

Few days ago he got a letter in the Mail from the Alameda County DA's office saying that they will not be prosecuting him
However, there was a little blurb in the letter stating that the DMV might still apply the penalties resulting from a DUI conviction.

If I was reading this letter correctly:

1. My buddy is the luckiest SOB ever.
2. What could the DMV do since he was not convicted?
3. Will he still get the points on his license?

Thanks in advance for the response.

 

[sasquatch]

administrative mistake that would get the case thrown out?
Stephen

 

[averagelunatic]

Why not just have your friend ask the lawyer he retained. I'm sure a few simple questions to the lawyer will only cost $5481651658168118764.

:laughing

 

[Tom2]

Few days ago he got a letter in the Mail from the Alameda County DA's office saying that they will not be prosecuting him
However, there was a little blurb in the letter stating that the DMV might still apply the penalties resulting from a DUI conviction.

If I was reading this letter correctly:

1. My buddy is the luckiest SOB ever.
2. What could the DMV do since he was not convicted?
3. Will he still get the points on his license?

Thanks in advance for the response. [/B]

1. yes, very lucky

2. since driving is a priviledge, not a "right." DMV probably may still suspend his CDL. once a person is arrested for the DUI, the LEO will take the DL and the person is served with a DMV notice re: DUI and license revokation / suspension and hearing process... and regardless of conviction in a criminal court, DMV has their own policy to follow.
3. yes, it's possible and likely if not addressed.

suggest that he retain an attorney specializing in DMV matters, schedule a hearing with a DMV referee and "contest" it that way...

 

[rwcfrank]

Last time I heard Alameda county was too busy to even charge DUI unless the BAC was .10 or higher or there were extenuating circumstances like a crash, pursuit etc...The paperwork still goes through to the DMV via the arresting agency. he WILL be suspended in 30 days unless he requests a hearing..

 

[dfly1972]

without the conviction you should be able to fight the points. call into ? the accuracy of the breathalizer. back in the day i knew a woman that had been arrested 7 times for dui. and her attorney got her off every time.

 

[Dragon]

without the conviction you should be able to fight the points. call into ? the accuracy of the breathalizer. back in the day i knew a woman that had been arrested 7 times for dui. and her attorney got her off every time.

and I'm sure her attorney was very happy that he got her off everytime :sex :laughing

 

[silversvs]

Alameda County typically will not charge anything less than a .10 if it is a breath test reult. This is because they do not want to fight over the accuracy of the Intoxilyzer machine. If your buddy blew a .09 the DA did not charge the case. If he had taken a blood test and gotten a .08 or higher he would have been charged.

As for the DMV. They do not care if the case was charged or not. They are a separate entity from the criminal courts. The DMV only cares if you take a test with a result of .08 or higher. That can be blood, breath, or urine. If the result is .08 or above there is an automatic license suspension. Your friend should have had his license taken by the arresting officer and have been issued a DMV administrative form which is a temporary license. Everything he needs to know about the process is written on the back of the form.

 

[dog_butter]

nice.. it's like every fucking law we have.. they don't have resources to enforce this stuff.. and yet.. they keep passing more and more.

like stupid gun laws!