Friday, May 2, 2008

California DUI - DMV information

California DUI Drunk Driving DMV Defense Lawyer update

In almost every San Diego California DUI case, the person arrested for San Diego California DUI - drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested.

The San Diego California DUI arrestee will usually be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the prospective suspension will only be of the privilege to drive within California.)

A San Diego California DUI attorney must serve or notify DMV WITHIN 10 DAYS OF THE San Diego California DUI ARREST to request a San Diego California DMV hearing to contest the suspension. Failure to do so will result in the suspension taking effect 30 days after the San Diego California DUI arrest.

A San Diego California DMV hearing request will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the San Diego California DMV hearing is held. Nothing is lost by requesting a San Diego California DMV hearing. A premier San Diego California DUI attorney has a fair chance of getting the suspension set aside.

The California Department of Motor Vehicles is a busy bureaucracy with much of the inefficiency and incompetence that one has come to expect. The San Diego California division of the DMV responsible for the "APS" suspension of licenses is the Licensing Operations Department, Driver Safety Office located on Sky Park Court in San Diego, California.

The San Diego California DMV hearing is presided over by a San Diego California DMV "hearing officer" — a DMV employee without licensed legal training who will attempt to serve as both prosecutor and judge. Without a San Diego California DUI attorney experienced in such hearings, the chances of obtaining a "set-aside" of the suspension are bad.