Recently I was asked why their license showed a DUI suspension when the case was dismissed after review of the DUI arrest report. Santa Barbara DUI lawyers know that a mere dismissal, even one based on an insufficiency of the evidence, will generally not rescind the Administrative Per Se Suspension order of the DMV. The Administrative Per Se s uspension is a DUI suspension which differs from the driver’s license suspension following a DUI conviction.
California Vehicle Code §13353.2 (e) provides if a person is acquitted of criminal charges relating to a determination of facts …., the department shall immediately reinstate the person’s privilege to operate a motor vehicle if the department has suspended it administratively.
§13353.2 (e) further states if criminal charges are not filed by the district attorney because of a lack of evidence, or if those charges are filed but are subsequently dismissed by the court because of an insufficiency of evidence, the person has a renewed right to request an administrative hearing before the department. The request for a hearing shall be made within one year from the date of arrest.
So much depends on whether there was an acquittal or a dismissal and whether by the court because of an insufficiency of evidence or in the interest of justice. The DMV, a very separate entity than a court, has separate and unique rules regarding a DUI Suspension reinstatement versus a renewed right to a hearing with the DMV. The decision of a district attorney to not file charges is not the equivalent of an “acquittal’ within the meaning of §13353.2(e), however it does trigger the right to a renewed hearing.
If you have been arrested for DUI Santa Barbara Attorney Kenneth M. Hallum offers a free case consultation. Call today 805-564-3101. Know your rights, options and defenses against drunk driving, and potential driver’s license suspension, whether through the DMV Administrative Per Se process, or post court conviction process.