Can I be found not guilyy but still get my license suspended? 57 Answers as of May 30, 2013

If the court found me not guilty, can I still get my license suspended?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It depends on your previous history; licenses may be suspended for a litany of potential issues besides convictions. I'd recommend you have an attorney who handles driver's license restoration issues to review your file.
Answer Applies to: Michigan
Replied: 6/25/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
A DUI Conviction will always result in a license suspension from the Oregon DMV. The only way to avoid this suspension is to not be convicted of the DUI. The DMV also has the authority to suspend your license under Implied Consent Law (without a conviction). The only way to avoid suspension under Implied Consent is to request a hearing in front of an Administrative Law Judge. Contact a skilled DUI Lawyer to help go over the facts of your case to possibly keep your license.
Answer Applies to: Oregon
Replied: 4/20/2012
Law Office of Timothy M. Donahue | Timothy M. Donahue
Yes. The two processes are separate. If your license has been suspended, you need an occupational license, even if you have been found not guilty in the criminal case.
Answer Applies to: Texas
Replied: 4/4/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Yes as the administrative action regarding your license status is a different proceeding and uses different criteria.
Answer Applies to: Kansas
Replied: 4/3/2012
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
No.
Answer Applies to: New York
Replied: 5/30/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There are two forms of license suspension (at least). One from the court and one from the RMV. For instance, if you refuse to take the breath test, the RMV will suspend your license for a min 180 days all the way up to 10 years or more depending on the offense. Therefore, the answer is yes. However, if you get a Not Guilty verdict, again depending on whether it is a 1st offense or subsequent offense, your lawyer may be able to get your right to drive reinstated.
    Answer Applies to: Massachusetts
    Replied: 4/2/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    Suspensions occur for too many points accumulated. You are allowed 12 points in a twelve month period or 18 points in a 24 month period. So if you were found not guilty of all charges no points would be charged to your license. However, you can win at Court and still lose at the Dept. of Motor Vehicles if you refused or tested over 0.08% BAC. Consult with an attorney ASAP!
    Answer Applies to: Colorado
    Replied: 4/2/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you are arrested for DUI and you refuse to take the BAC test, or if you blow a .08 or higher, there is an automatic suspension of your driver's license from the Alabama Department of Public Safety. It has nothing to do with what happens in Court.
    Answer Applies to: Alabama
    Replied: 4/2/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If you refused the breathalyzer, yes.
    Answer Applies to: Michigan
    Replied: 4/2/2012
    Theresa Hofmeister, Attorney At Law
    Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
    Yes. The court and DMV are separate proceedings.
    Answer Applies to: California
    Replied: 4/2/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    If you are found not guilty then there is no suspension unless you refused to take the breathalyzer exam; then your license can be revoked for up to 2 years regardless of the outcome of the criminal case.
    Answer Applies to: New York
    Replied: 4/2/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes. Minnesota revokes a license based upon test failure or refusal. It does not matter whether you are convicted of the underlying charge.
    Answer Applies to: Minnesota
    Replied: 4/2/2012
    Law Office of Gregory Crain | Gregory Crain
    No.
    Answer Applies to: Arkansas
    Replied: 5/30/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Your license was automatically suspended when you were arrested. When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 4/2/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Unfortunately, yes. DMV may suspend your license even if you prevail in criminal court.
    Answer Applies to: California
    Replied: 4/2/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    In Massachusetts if you are found not guilty of Operating Under the Influence of Alcohol there is no loss of license. If you failed to take the breath test and that suspension is running at the time of the not guilty finding, the fact that you were found not guilty will not reinstate your license for refusing the breath test. Your license will remain suspended for the length of time required for refusing the breath test. You do have a right to petition the judge who heard the trial to reinstate your motor vehicle license for refusing the breath test. If the judge allows the motion, a certified copy of the motion can be presented to a hearings officer at the Registry of Motor Vehicles who then has the authority to reinstate your license.
    Answer Applies to: Massachusetts
    Replied: 4/2/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Yes. The DMV can independently suspend you license if there is proof that your BAC level was higher than .08 if first DUI, .01 if second DUI in 10 years, and .01 if you under 21
    Answer Applies to: California
    Replied: 3/30/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Not, a not guilty will erase the ALR suspension.
    Answer Applies to: Texas
    Replied: 3/30/2012
    Salladay Law Office | Lance Salladay
    Depending on the chare- if it was a DUI and you refused to take the breath test- you can still be suspended for refusing the test. If you were drinking and under age you can still be suspended.
    Answer Applies to: Idaho
    Replied: 3/30/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Yes. The suspension is based on the administrative action taken by the Secretary of State. It would need to be contested separately from the DUI.
    Answer Applies to: Illinois
    Replied: 3/30/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Yes. In any DUI arrest, there are two different processes that run their course. The first is the criminal case. This occurs in magistrate, circuit, or municipal court. The criminal court decides nothing but jail time and fines if you are found to be guilty. You will also have an administrative license suspension (ALS) proceeding resulting from the DMV revoking your license because you were arrested for DUI. This hearing is held before the Office of Administrative Hearings and solely determines your license suspension issues. The ALS procedure is a civil administrative procedure, so, you only have to be found guilty by a preponderance of the evidence (51%-49%). This is a much lower standard than what exists in criminal court, proof beyond a reasonable doubt. So, theoretically, while you may have been found not guilty beyond a reasonable doubt, the state may still be able to prove its case by a preponderance of the evidence. This is how two different results can occur.
    Answer Applies to: West Virginia
    Replied: 3/30/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the nature of the offense. On a DWI that certainly may occur. A DWI is both a criminal case and a civil case. On the criminal side, you face fines and jail sentences. On the civil side, you face an administrative license revocation. This is a separate case even though the challenges are largely the same. In order to challenge your license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI offense.
    Answer Applies to: Minnesota
    Replied: 3/30/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Yes, but a finding of not guilty will terminate the suspension.
    Answer Applies to: Louisiana
    Replied: 3/30/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    I assume you are talking about a suspension as a result of a DUI charge. In Mississippi your license should not be suspended if you are found not guilty of the DUI. However, sometimes the State will suspend a defendant's driver's license prior to the trial if the trial is not held reasonably soon after the arrest. If that's what happened your license would already be suspended when you went to trial and found not guilty. If that's the case, the State should reinstate your driver's license as soon as it receives the Court abstract showing you were found not guilty. If your license was suspended for some other reason, this response would not apply.
    Answer Applies to: Mississippi
    Replied: 3/30/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    If you are found not guilty, your driving privileges are not affected.
    Answer Applies to: Michigan
    Replied: 3/30/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    It depends on the charge to which you are pleading guilty. A DWI, first for example, carries a mandatory suspension of your license.
    Answer Applies to: New Hampshire
    Replied: 3/30/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It is not likely to happen, but justice is not always fare.
    Answer Applies to: Nebraska
    Replied: 3/30/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    If you are charged with a DUI and you do not challenge your driver's license revocation and prevail then if you win your DUI case your license will still be revoked.
    Answer Applies to: Minnesota
    Replied: 3/30/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Larry K. Dunn & Associates | Larry K. Dunn
    Yes. You may lose your license for driving and being over a .08 regardless as to whether you are found guilty by a court. However, you may request a hearing at DMV to contest the revocation.
    Answer Applies to: Nevada
    Replied: 3/30/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If the only thing for which you would get your license suspended is the charge for which you were found not guilty, then the answer is no.
    Answer Applies to: Michigan
    Replied: 3/30/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Yes, there is an administrative suspension of your driving privileges by the Sec of State of Maine, completely independent of the Court process. If your license is not suspended by the Sec Of State, and you are found not guilty, the Court cannot take your license away.
    Answer Applies to: Maine
    Replied: 3/30/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. If you refused a chemical test.
    Answer Applies to: New York
    Replied: 3/30/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can if the case involves a refusal. DMV won't overturn your suspension in a refusal case.
    Answer Applies to: California
    Replied: 3/30/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    In Arizona, MVD can still suspend your license for DUI even if you are found not guilty or your case is dismissed. MVD is a civil hearing and the DUI is criminal. The burden of proof is much less for MVD and it is in no way related to the criminal DUI.
    Answer Applies to: Arizona
    Replied: 3/30/2012
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    If you refuse to take the breath testy your driver"license can still be suspended for six months even if you are found not guilty.
    Answer Applies to: District of Columbia
    Replied: 3/30/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, if you refused the test, either breath or drug test, or were found to have a breath score over .08, or with controlled substances in your system, you will be given a Statutory Summary Suspension, regardless of the outcome of the DUI case-in-chief.
    Answer Applies to: Illinois
    Replied: 3/30/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can be found ot guilty of DWI but still have your license suspended prior to trial or have a 6 month suspension for refusal of the breath test.
    Answer Applies to: New York
    Replied: 3/30/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes, if you refused to take the blood alcohol content tests, your license can be suspended for up to a year under the implied consent law.
    Answer Applies to: Georgia
    Replied: 3/30/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If you refused the breath test or failed it, then if your case is dismissed then your license would still be suspended under the administrative revocation. If you go to trial and are found not guilty then there is no revocation of your license.
    Answer Applies to: Texas
    Replied: 3/30/2012
    The Jordan Law Firm
    The Jordan Law Firm | John Paul Jordan
    Yes if you fail to request a hearing on your DUI. If you have requested the hearing then you can use what occurred in your criminal case to keep from having your license suspended.
    Answer Applies to: Oklahoma
    Replied: 3/30/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. The DMV can suspend your license in a separate administrative proceeding.
    Answer Applies to: California
    Replied: 3/30/2012
    MCCLUSKEY LAW OFFICE
    MCCLUSKEY LAW OFFICE | Mary McCluskey
    If the Hearing Officer at the DMV hearing found that your BAC, blood alcohol concentration, was .08 or greater it would result in a revocation of your driving privileges. The Express Consent hearing usually occurs before a criminal prosecution so that even if you were found not guilty, your driving privileges would still be revoked unless you won the Express Consent hearing.
    Answer Applies to: Colorado
    Replied: 3/30/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes, these are separate cases. There only has to be "reasonable grounds" for a suspension, but "proof beyond a reasonable doubt" to be found guilty.
    Answer Applies to: Illinois
    Replied: 3/30/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    If you were pulled over for a DUI but lost the Formal Review or did not contest the DMV suspension then you could win the DUI or plea to a Reckless but still have you DL suspended as driving is not a right but a privilege and the DMV can suspend your DL based on a breath test result over .08 or a refusal to take the test. Only exception is if you took the breath test and DMV suspended your DL but you then won the DUI trial you could move in the DMV to get your DL reinstated.
    Answer Applies to: Florida
    Replied: 3/30/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Yes. The criminal case is separate from the Driver's license administrative proceedings. You can win one and lose the other, lose both or win both.
    Answer Applies to: Colorado
    Replied: 3/30/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    yes DMV makes that decision at a hearing prior to trial based on a different standard of proof In response to your DUI Questions: Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 3/30/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes. The DMV consequences and the court consequences are two completely separate things with different rules and things that are looked at.
    Answer Applies to: Colorado
    Replied: 3/30/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    A license suspension is made by the DMV. They can and will suspend a license without a guilty verdict from the court.
    Answer Applies to: California
    Replied: 3/30/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, if you refused the breath test and failed to file the 10 day letter with DDS, then you license will be suspended for a full year, with no driving permit, even if you are found NOT GUILTY of the DUI.
    Answer Applies to: Georgia
    Replied: 3/30/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes, if you refused to submit to the breath test.
    Answer Applies to: Washington
    Replied: 3/30/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes. Court and DMV are separate & independent from each other.
    Answer Applies to: California
    Replied: 3/30/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes, the suspension through the DMV is not the same as the courts. You could be found not guilty but still lose your license depending on the exact facts of your case.
    Answer Applies to: California
    Replied: 3/30/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes. The DMV proceedings and the court process are separate. There are ways that a good outcome in the criminal case can undo the DMV's suspension, but your attorney will need to examine your case and give you specific advice based on the facts of your case.
    Answer Applies to: California
    Replied: 3/30/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    Yes, one can be found not guilty of DUI by the court and still be administratively suspended by the state.
    Answer Applies to: Missouri
    Replied: 3/30/2012
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