Monday, March 15, 2010

Within 10 days of being arrested for a California DUI: A) Rest. B) Find a DUI Lawyer. C) Contact DMV.

What you must do within 10 days of being arrested for a California DUI: A) Rest. B) Find a DUI Lawyer. C) Contact DMV.

10. Your attorney has only ten (10) calendar days to contact DMV!

9. 10 days are computed from the Issue date of the pink DMV paper. If time is running out or you are late, contact an attorney ASAP.

8. This order/temporary is the California DMV paper which you should have received.

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

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

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

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

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

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the 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 arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.

3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Issues include whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!

1. DMV attorney has to do prevail on just one (1) DMV issue to save your license & you avoid any reissue fee / SR-22.