Is there a way to get DMV to alter its policy regarding DUI school?

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Is there a way to get DMV to alter its policy regarding DUI school?

The last DUI I had was over 20 years ago. I have a few credible witnesses that can testify that they have never seen me drink in many years including a sheriff’s Chaplain.

Asked on June 2, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There's a lot that has been left out of your question, but I'm assuming that you've just been convicted of a DUI -- your first in over 20 years.  If your witnesses were going to do you any good at all, you should have called them when you were defending the DUI itself;  unless the witnesses were with you at the time, though, they wouldn't help, most likely.  I very much doubt that anything like that will even be considered by the DMV, if you've already been found guilty.  They're stubborn that way.

If you haven't been convicted yet, only accused, and you weren't drunk, you need to have a lawyer represent you.  One place to find qualified attorneys in your area is our website, http://attorneypages.com

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, the courts take DUI very seriously as a result of all the deaths that happen each year as a result of drinking and driving.  The court basically focuses on the blood alcohl level in your system.  it wont matter what your credible witnesses say as most DUI statutes have mandatory minimum sentences.  I suggst hiring a lawyer to determine whether there is a way to fight the charge or resolve it without jail.


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