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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I got a dui in wv and I have a ky license they dismissed the

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I got a dui in wv and I have a ky license they dismissed the criminal part but not the admistrative part my lawyer on my court date for driving he said I didn't have to be there.i didn't know there was two parts this was major I didn't know they would suspend me it has bean over 30 days I requisted another hearing but I haven't heard anything yet.its a cdl to.is there a chance that I can get my license reinstated
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If your attorney did not inform you that there was an administrative portion of DUI under the implied consent laws and a criminal portion, this could be considered malpractice on the part of the attorney. Your attorney should have advised you on this and properly assisted you in your DMV appeal.

If you can prove to DMV that the DUI was dismissed against you, then the chances would be better in your favor that the administrative suspension will be dismissed if you had a regular license, however, on a CDL if you took the test and were over the legal limits, regardless of the criminal case being dismissed DMV is going to be reluctant to reinstate your license based on the test results. It does mean you are going to have to go through an administrative hearing and you will need to get an attorney to represent you at the hearing. You have a much better chance getting a reinstatement with a criminal dismissal than not, but I cannot see your court file and the evidence and also you need to be aware that they are much more strict on a CDL reinstatement than a regular license reinstatement so it will take some legal arguing by your attorney to get you reinstated.



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