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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.