Suppose someone is convicted of driving under the influence in Orange County,
California. How long does the court have to notify the Department of Motor
Vehicles about the driver’s DUI conviction? Read on as we shed light
on this topic.
Let’s say that “John” was arrested for DUI in the month
of July. John was smart; he called up the DMV and requested his
DMV hearing within 10 days of his DUI arrest. That hearing took place in August, which
resulted in the DMV “setting aside” his
John went to court that September and was convicted of DUI. In October
of the same year, the DMV says that it never received anything from the
court and it’s showing that John has a clean driver’s license
with zero convictions on his record. When queried, the DMV told him that
they usually receive notification from the court within a few days. So,
now John wants to know:
- Is there a statute of limitations that the court must notify the DMV?
- Will he receive a license suspension one or two years down the line when
the court realizes its error?
- Is he okay to continue driving?
Should he notify his insurance company about the
No Deadline for Notifying the DMV
John’s is a highly unusual case, but not
impossible. First, we want our readers to know that there is NO statute of limitations
(deadline) for the court to notify the DMV about a DUI conviction. However,
the courts are obligated by law to send what’s called the
Abstract of Conviction to the DMV. You can contact your attorney to find out when the Abstract
was sent since the timing of your license suspension and restricted license
depend on it.
Another option is to go to the court clerk and have them check to see if
the DMV has been notified and explain your issue. Should you take a “wait
and see” approach? It may be tempting, but it’s NOT recommended.
While some court clerk may have dropped the ball, and failed to notify
the DMV, it’ll eventually catch up to you and it’s not worth
the worry and constant looking over your shoulder. It’s better to
take care of this sooner than later so you can move on.
Looking for an Orange County DUI attorney? Contact our office to speak with a
Board-Certified DUI specialist who is also a member of the
National College for DUI Defense!
to schedule your free case evaluation – we look forward to helping you!