Driving Under the Influence


This offense is committed when a party drives in violation of the suspension imposed due to a DUI arrest, but prior to, or without, there being a DUI conviction in court. The officer serves the notice of suspension on the driver at the time of the arrest, which goes into effect 30 calendar days thereafter, unless the driver requests a DMV hearing within 10 calendar days of the arrest. If so, then this is the suspension that follows and adverse ruling at the Administrative Per Se hearing. If the driver is convicted in court, then the offense is a violation of VC 14601.2(a). (See above for DUI offenses, DMV APS hearings in DUI cases, and VC 14601.2(a)).

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