Can I retain my California drivers license after getting a DUI infraction? 12 Answers as of January 29, 2011

At the beginning of November I went to my DMV court hearing and was given a DUI from the DMV but the court called it an infraction so I was given no points on my record. My drivers license is still going to be suspended for a year. Is there anyway I can still get my license back without waiting a year?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Since there is no such thing as a DUI infraction, it is difficult to understand your legal situation. In additional there is no DMV court at which your case would have been adjudicated. Nevertheless, I have an intuition from your question that you were under 21 when the arrest occurred and whatever you were charged with in court, if anything, your blood alcohol level was above .01, resulting in a loss of your license for one year. Am I right? If that is the case, you cannot get it back for a year although you can petition the DMV for a hardship restricted license which is very hard to get. Good Luck!
Answer Applies to: California
Replied: 1/29/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Something is wrong. A DUI is a misdemeanor, not an infraction. You will be suspended for 6 mo (unless you are a teenager) and after the first month you can apply for a to and from work, to and from DUI school.
Answer Applies to: California
Replied: 1/26/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You already appealed the DMV automatic one year suspension by going to the hearing. You lost. The best you can do is seek from DMV a restricted license. Go apply after at least 3 months of suspension have been served.
Answer Applies to: California
Replied: 1/26/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
The DMV proceeding is completely separate, so the fact that you only got an infraction in court will in no way influence the length of the suspension initially imposed by the DMV.
Answer Applies to: California
Replied: 1/26/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
You (or an attorney on your behalf) should look into the possibility of have a "critical needs" restricted license issued to you.
Answer Applies to: California
Replied: 1/26/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You are under 21. I cannot be certain if you are under 18 or not. If you are under 18 you can request a critical need license from the judge. If you are over 18 however you need to request the critical need license from the DMV.
    Answer Applies to: California
    Replied: 1/26/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    If your license is going to be suspended for a year, the probable scenarios are that you are (or were) under twenty-one years of age at the time of arrest, you refused to provide a breath or blood sample to the officer, or this was your second DUI arrest. Congratulations on the infraction in the criminal courts. You can count yourself very, very lucky on that score, and I would like to know why you received an infraction. The DMV's action is independent of the Court's action. You did not provide enough information to advise you further, but I am sorry to inform you that you can almost certainlynot get your license back prior to one year. It is too late, if your Hearing was in November, to appeal the ruling now.
    Answer Applies to: California
    Replied: 1/26/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    Your answer depends on how old you were at the time of conviction. If you were under 21, you could apply for a Critical Needs license provided the judge made a finding that you qualify for a Critical Needs License.

    If you were over 21 at the time of the incident, call my office. The facts indicate you were under 21 at the time.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/26/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It is possible that the DMV will restore your privilege if the court did not convict you of a DUI. But your question is confusing in that DUI cannot be charged asan infraction. I will need to know more about the case to give you a definitive response. For more in fo or to retain our firm call: Tom Mueller.
    Answer Applies to: California
    Replied: 1/26/2011
    Mettias & Associates
    Mettias & Associates | Jimmy Philip Mettias, Esq
    Thank you for submitting your question to our firm, Mettias & Associates, in regards to your DMV Court Hearing. There are several different legal options available to you that might keep your license in an active state. Contact our office to schedule a free consultation to determine your legal options in regard to this matter.
    Answer Applies to: California
    Replied: 1/26/2011
    Law Office of Gregory W. Fox
    Law Office of Gregory W. Fox | Gregory W. Fox
    It is not likely that you will be entitled to have your driving privilege reinstated before a year. The administrative suspension imposed by the Department of Motor Vehicles is independent of the criminal proceeding. However, depending upon when the suspension was first imposed by the DMV you may still have the chance to appeal the suspension. You may also have the right to obtain a restricted license. This will depend on certain factors.

    You should contact an experienced criminal defense and/or DUI attorney who may be able to assist you with this.
    Answer Applies to: California
    Replied: 1/26/2011
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