On September 25, 2012, the Department of Motor Vehicles promulgated “proposed” regulations that dramatically increase the sanctions for drivers with repeat alcohol- and drug-related offenses. It is important to note that these regulations do not affect revocation periods that are imposed by statute or by other regulation. These are waiting periods that are applied to applications for relicensure, and are in addition to any revocation period.
These regulations are not only applicable to people revoked for alcohol- and drug-related driving convictions, they are also applicable to people who are not, otherwise, revoked, but have been convicted of a high-point driving violation (defined as bearing 5 or more points).
4 Responses
so what happens to people that were perm. revoked for 3 dwis and could apply for a waiver after 5 years? is the five years applied to the waiting period and they have to have a breath device for five years? thats how i am understanding the law. tried to call dmv but that was useless because they dont even understand the law. any help would be great.
thanks
mj
A friend of mine has a DWI case with an alleged alcohol reading of 0.23. He is being tried for felony because he had a child of 7 years old in the car at time of arrest. Will this amount to an aggravated DWI that would lead to a deportation even if there is no previous criminal records? There was no accident or bodily harm to his child and wife who were in the car. My colleague’s immigration status is G4 visa.
I was stopped at a checkpoint in November of 2012. I admitted to having 2 drinks having assumed that that would register under .04. I also admitted to being on Xanax, which I have had a perscription for, for 40 years. They tested me at the scene twice in order to come up with a reading of .05. Before they officially arrested me they searched my vehicle and found a baggie with .75 grams of a controlled substance. At the station I tested at .03 BAC. My current attorney has gotten a plea deal done to 2 misdemeanors which, to me, does not sound like a deal at all. Can’t I get this dismissed?
Mr. Bennett,
While we appreciate your inquiry, it is not appropriate for the contributors to this blog to counsel you about your case when you have either hired or been appointed counsel. We do, however, appreciate you reading this blog and hope you will continue to do so in the future. You might even suggest your lawyer take a look at our entries having to do with the issues involved in your case. Good luck, Steve Oberman