When a person is arrested for drunk driving, two separate processes begin; one is judicial and the other is through the Department of Motor Vehicle (DMV).  A person arrested will have to go through the court process and any number of things can happen.  Depending on the personís previous history, they may be allowed to go through a treatment program.  If they successfully complete that program, the charges may be dropped or reduced.  Other factors may be the level of intoxication, if there was an accident and injuries to others, their attitude during the traffic stop and so on.  There are many possible outcomes.

 

The second process is through the Department of Motor Vehicle.  This is completely separate from the judicial process.  Something called a ďPer seĒ hearing is held.  At this hearing, a DMV hearing officer reviews the case, hears testimony and makes a decision on suspending the operatorís driverís license.  If a person failed a breath test, their license can be suspended by DMV for 90 days, longer if there are previous offenses.  If they refused to take a breath test, their license can be suspended for 180 days, longer if there are previous offenses.

 

Why do you need to know this? 

 

Based on the above situation, a person may successfully complete an alcohol rehabilitation program and have their record wiped clean.  In simple terms, A person may have no criminal history record on this site but their license still might have been suspended for a DWI arrest.  A driver history check through the DMV can show a suspension history on a person's driverís license for an alcohol violation without there being a conviction.  If you are hiring a person who will be driving your cars or your client's cars, you may discover that your insurance company will not cover them because of the PER SE license suspension, even though there is no conviction. 

 

This website provides CONVICTION RECORDS ONLY, not complete driver history checks.  To learn how you can get a copy of a personís driver history, please click here.

 

Thanks for using my site and, as always, feel free to call or e-mail if you have any questions.

 

Jim