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A.G. Van Hollen News/Attorney General J.B. Van Hollen Issues Formal Opinion to Department of Transportation Concerning Effect of Operating-Under-the-Influence Convictions on License Revocation

 

MADISON — Attorney General J.B. Van Hollen issued a formal opinion today to Department of Transportation (DOT) Secretary Mark Gottlieb concerning how DOT should count operating-under-the-influence convictions for purposes of determining whether to revoke a driver’s license.  Secretary Gottlieb has asked whether a conviction challenged for purposes of sentencing in a later criminal case, a challenge called a “collateral attack,” should be counted.  Van Hollen concluded that, for purposes of license revocation, such a conviction must be counted.  Under the statutes, DOT must count all unvacated convictions, and a collaterally attacked conviction remains on the offender’s record.  An offender has no constitutional right to have such a conviction discounted:  a collateral attack limits the application of a conviction only for purposes of calculating criminal penalties, and driver’s license revocation is a civil consequence.

 

A copy of the Attorney General's opinion is available here

 

A copy of the opinion request is available here

 

Formal and informal opinions issued by Attorney General Van Hollen are available here.