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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27124
Experience:  18 years of litigation experience.
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This matter concerns a request to suspend my wife's CA driver's

Customer Question

This matter concerns a request to suspend my wife's CA driver's license. It may be a traffic issue, not a family law issue.
My wife has been an alcoholic for many years. She has never had a DUI. She has, however, been held until someone could come get her rather than letting her drive. I have stopped her many times going out the door to the car when she's been intoxicated.
She's been in residential programs, day programs, etc. Her children and her physicians are fully aware of this terrible state of affairs. When local police requested that DMV review her suitability for driving, no one was willing to be the bad guy and tell the truth. She was granted permission to continue driving.
I've had it. She's an accident waiting to happen. I want to have her driving privilege suspended until she has demonstrated that she can control her drinking.
What are the procedures for doing this? What are the consequences?
Submitted: 2 years ago.
Category: Family Law
Expert:  Zoey, JD replied 2 years ago.

My name is ***** ***** I will be assisting you with your question.

The state of California has determined that your wife can drive. So you would need to report her behavior to the police again and then to be the heavy with the DMV when the DMV wants to review whether she should be driving.

Alternatively, when she's out and driving under the influence, you could just report her to the police and let them know she's driving while intoxicated and where they'd be likely to find her. If they arrest her for a DUI, her driving privileges will be suspended and the state will assess her and see to it that she is placed in counseling or a program to resolve her alcohol issues as part of her sentence.
Customer: replied 2 years ago.

I have often considered letting her drive away while intoxicated and having the police stop her and issue a DUI. There are two problems with this. Firstly, the DUI process and fines are very expensive. Second, before being stopped, she is at risk of causing harm to herself and/or others. Expensive in many ways -- physical injury, DMV fines, insurance cancellation, ....

May I assume that turning her in before something happens will result in the same process -- resolution of alcohol problems before reinstatement?

Expert:  Zoey, JD replied 2 years ago.
The police will have no basis to bring her in if she is not driving. She's not committing any crime by drinking. They can alert the DMV and IF the DMV acts on a hearsay complaint from the police and chooses to review your wife's eligibility for a license, your wife would be entitled to a hearing on the issue. If she loses at the hearing, then her license could be revoked or suspended and, yes, the DMV could require that she resolve her alcohol problems before reinstatement.