Question: I was arrested for a DUI in Van Nuys. If i get the DUI down to a reckless driving but lose the DMV because my alcohol level for 0.08 bac but lost the DMV do I have to do the aclohol course? Also, would I need to get the SR 22 insurance. Its more than a question , thanks for your time.
Also, if the DMV suspends my license but then the DUI will the suspension be set aside automatically? When would the dmv will be informed?
Its more than a question , thanks for your time.
Answer: If you loss your DMV hearing (or fail to request one) resulting in a license suspension, you will have to get the SR 22 insurance. But, if your DUI charge was dismissed, and in this case reduced to a dry reckless, then you are eligible to get your full license back after sitting out the 4 month suspension (based on a 1st DUI arrest) without having to complete an alcohol course.
Keep in mind if the court is requiring a course for probation, then you will need to do it or else have issues with the court. You should check with your attorney to clarify any probation questions you have.
Further, even if the DUI is dismissed or reduced to a lesser charge, it does not effect a driver license suspension based on a DMV admin per se matter for having the .08 or higher BAC level. If you were to get an acquittal on the 23152(b) count, and the VC 23152(a) count is dismissed, then that would over ride a DMV Admin Per se suspension.
It can get a little confusing. Feel free to call me at (818) 336-1384 to discuss further.
by Phil Hache
Van Nuys DUI Attorney
Defending DUI cases throughout Los Angeles and surrounding counties