DUI

September 2, 2012 I was stopped at approximately 2am with my daughter.  The officer said that I had swerved twice. I was in the left lane with my signal getting ready to make a left turn onto a street two blocks from my house.  The officer said that he smelled alcohol on my breath, I let him know that I had not drank in 4 hours. He told me at this point that I should not take the breath test and I told him that I would and he suggested that I shouldn't because he was sure I would fell the test.  I have never been in trouble with the law and have never had a ticket of any kind so I took his word for it. He then asked me if I wanted to take the walk test and I said yes, but he did not inform me how this is done so i guess I failed. Well he told me if I took the breath test then he would have to impound my truck which would be costly so he advised me to let my daughter drive.  I told him she did not have a license, but he still insisted she drive. Well I went to jail for about an hour and then was released.  I obtained a lawyer and he sent me to an alcohol evaluation test, which i passed with a low moderate. Then I went to court and my lawyer said that due to my motion to dismiss being put in late I was set another hearing date of 11/16/12.  My question is if this dismissal is honored will I be able to get my license back.

Sharon Martin:

My question is if this dismissal is honored will I be able to get my license back.

That depends on why the license was suspended and which state's law applies (your user information indicates you are in IL, but since your post doesn't say I'm not sure if that's actually the state involved). There are two parts to DUI cases, the criminal case in the court and an administrative matter with the DMV. If the court suspended/revoked the license, then the dismissal in the court should allow you to get the license back. Where I practice, at least, the court doesn't do anything with your license until AFTER your conviction. The DMV, however, may suspend the license after the arrest and before the conviction, and you have to go through an administrative proceeding with the DMV to get it back, regardless of what happens in court. Your lawyer should be able to tell you who this all works in your situation.

Yes, I am from Illinois. and yes the DMV has suspended my license. Once and if the courts dismiss I will then have to go to the DMV?.

You have to request an administrative hearing with DMV and have 90 days from the date of the service of notice of summary suspension.  If you don't file timely, the suspension stands regardless of what the criminal courts do and you will have to wait out the suspension period and then apply for reinstatement.  Consult counsel.