DUI Acquittal and DMV

Normally, the Court and DMV proceedings in DUI cases are entirely seperate and the results of the DMV and the Court case do not impact each other. However, there is one very important exception to this; if a defendant is found not guilty to driving with a breath or blood alcohol level over .08% (Section 23152(b) of the Vehicle Code), the DMV suspension proceedings should be set aside. A not guilty verdict can be entered by the judge following a review of the evidence, but is more typically arrived at after a jury trial. In either case, it is necessary to submit a certified copy of the verdict to the DMV in Sacramento to secure a set aside of any suspension.

It is important to note that a dismissal of DUI charges by way of a negotiated plea bargain does not impact a DMV suspension. Likewise, a not guilty verdict in court in a refusal case, does not operate to set aside the DMV suspension based on a refusal.

If you are interested in further information about this, please contact experienced Los Angeles and Orange County DMV Lawyers, Gold & Witham at 562 938 7771.


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