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I lost my DMV administrative hearing but the prosecutor never filed charges. Do I still get points on my DMV record? - California Vehicle Code 23152, California Vehicle Code 12180

By Walin & Klarich

Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.) What if you request the administrative hearing and lose, but the prosecutor never files criminal charges? Will points still be assessed points on your DMV record? Under California Vehicle Code 12810(b), a person will be assessed two points for a DUI conviction. However, losing a DMV administrative hearing is not a conviction, so you will not be assessed points until you are convicted or plead guilty or nolo contendere...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 11, 2011 (boomark / email).