QUESTION
What does it mean if DUI arrest isn't on my DMV record?
Asked on Jun 17th, 2013 on DUI/DWI - Michigan
More details to this question:
I was arrested for a DUI five weeks ago and took a blood test. I haven't received the results yet, and since my mail sometimes doesn't get delivered to my house (I live in a hard-to-find location) I called the DMV to see if they had gotten the results. The DMV hadn't gotten the blood test results, but what surprised me was that the employee said there was no record of a DUI arrest/ticket on my record. She said this was strange since that kind of thing should always appear on a driver's record. I realize the DMV is a separate entity from the courts, but could this mean my DUI charge never got filed or processed properly?
9 ANSWERS
Michael J. Breczinski
You have to check with the courts on this. It means that the court has not reported the arrest to the DMV.
Answered on Jun 20th, 2013 at 9:36 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It sounds like they have not charged you as yet.
Answered on Jun 18th, 2013 at 10:48 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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That is correct. The prosecutor can charge you any time during the statute of limitations period. You will need to check with the court periodically. In Missouri, you can look up court cases on"Casenet".
Answered on Jun 17th, 2013 at 7:50 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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You should try ordering a court purposes driver's abstract for yourself if possible to confirm its absence from your record.
Answered on Jun 17th, 2013 at 7:50 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Your question doesn't delineate the time that has passed from your date of arrest, sometimes it takes a while for police reports and blood analysis to get to the DMV, you may choose to contact a DUI attorney in your area to find out if such delays are common place, they may also be able to help you determine what defenses you have and whether hiring an attorney would be helpful to your case.
Answered on Jun 17th, 2013 at 7:49 PM
Criminal Defense Attorney serving Houston, TX
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Law Office of Henry K. Nguyen P.C.
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With a DMV driving record, they usually only document an offense if you are convicted of it or if the window of requesting an ALR hearing has passed.
Answered on Jun 17th, 2013 at 7:49 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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A DWI arrest is not on your DMV record unless you are convicted or you get some kind of suspension for the offense. It does not mean that you were not charged you were. And, the DMV will not be the authority that will get the result of your blood test. It will be the prosecutor's office. The DMV employee does not know what she is talking about.
Answered on Jun 17th, 2013 at 7:49 PM
Don't confuse the court case with the DMV. You need to request a hearing regardless of whether anything is in the system. You should hire a DUI specialist so you don't make more mistakes. You already made one by missing the 10-day rule.
Answered on Jun 17th, 2013 at 7:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, that most probably means that the blood test taken has yet to of been processed or at least the results not tendered. I would suspect that you still can be charged if there was an illegal blood alcohol level.
Answered on Jun 17th, 2013 at 7:48 PM