I was arrested for drunk driving in California. I was also charged with refusing to submit to chemical testing. My license was immediately suspended. I went to a hearing at the DMV Driver Safety Office in order to dispute the "refusal to test" charge. I didn't refuse to test. (I asked for a blood test,but the nurse was unable to obtain a sample). The arresting officer also appeared, and we both gave our version of events. The DMV concluded that the officers version was more believable... because I was drunk. I fought my case in criminal court. I had a jury trial and was found NOT guilty of all charges. I called the DMV to find out how to get my license back. They said that I had to take a drug test, show completion of a program, pay $140 reinstatement fee, and file an SR22 for insurance... and then they would CONSIDER reopening my case. I realize that the DMV and the criminal court are separate entities, but 12 jurors found me NOT gulty. I did nothing wrong. Is there any other way to get my license back? Or do I have to jump the hoops with the DMV? I have no prior record. My driving record was spotless before this incident.

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Originally Posted by maria2day

... I realize that the DMV and the criminal court are separate entities, but 12 jurors found me NOT gulty. ...

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Actually, the jury found that you weren't proven guilty beyond a reasonable doubt. That's the burden of proof the prosecution bears in a criminal case. In the administrative action before the DMV, the burden of proof is much less.

You were found not guility of DUI, that had nothing to do with refusal of taking the test, while it may have been part of the evidence it was not part of the charges.

I have had many people who we dropped charges or were found not guility and they still have their drivers license suspended for failure to do the field or blood test.

The DMV is not criminal it is admin, so you have to follow their rules. I would say follow what they say as my first advice.
Second advice, hire an attorney and have them try to make them give it back.

The reason for suspension is not DUI, it is failure to take the test. That was never proven in court, may be part of evidence but not guilty to DUI does not mean you did not refuse test

Sorry, but you will have to jump through their hoops in order to get your license back. Remember, a driver's license is a privilege, not a given and once it is taken away it can be rather unpleasant or costly to get it back properly. The SR22 insurance policy is not that expensive either and you will only have to keep that in force for so many months/years.