Monday, June 2, 2008

Top 10 DMV Things to Know After a California DUI / Drunk Driving Arrest

What to immediately do after arrested for a California DUI / Drunk Driving

10. You need to save your California driver's license or privileges. Your California DUI attorney has only ten (10) calendar days to contact DMV!

You shouldn't schedule a California DUI - DMV hearing yourself because if you contact California DMV to schedule a date conflicting with your California DUI attorney's calendar, California DMV will not reschedule and you may not get theCalifornia DUI attorney of your choice. There is no rush as long as your California DUI attorney contacts California DMV by the 10th day.

9. California DMV's ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a California DUI attorney ASAP.

8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.

7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.

6. If you have a license from another state, and even if the California DUI officer did not take your license, that state may also take action against your driving privileges.

5. The California TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.

If a California DMV hearing is requested within ten (10) days, your California DMV TEMPORARY will be extended & there will be a stay (delay) of any California suspension until the outcome of your California DMV hearing is determined.

4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your California DUI court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the California DUI officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your San Diego DUI arrest date to your California DUI court date, this may just be a dangerous coincidence. There usually are months before your California DMV hearing.

3. Three (3) issues exist at the hearing if you completed a California DUI chemical test. (See reverse side of California DMV paper.)

California DUI Issues are whether the California DUI officer had probable cause to stop or contact you or whether the California DUI chemical test evidence is winnable.

2. California DMV has the burden of proof to prevail on all three (3) issues. If California DMV meets the burden of proof on two (2) issues, you and your California DUI - DMV lawyer prevail!

1. A California DUI/DMV attorney only has to do is knock out one (1) California DMV issue to save your license & you avoid any California DMV reissue fee and/or filing a California Proof of Insurance SR-22!

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