Monday, October 3, 2011

Folks driving in California need to know that if they are arrested for drunk driving or DUI, here's what to do within ten calendar days using a lawyer

Folks driving in California need to know that if they are arrested for drunk driving or DUI, here's what to do within ten calendar days:

10. To prevent loss of your driver's license or California privileges, your DUI defense lawyer needs to do something within 10 days - contact DMV to request an administrative per se hearing.

If you yourself contact DMV to schedule a date which ends up conflicting with your DUI attorney's calendar, DMV will not reschedule and you may not get the California DUI attorney of your choice. There is no hurry as long as your DUI attorney contacts DMV by the 10th day from your arrest.

9. If in San Diego, the 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 think you might be late, contact a San Diego DUI lawyer 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. Even if you have a license from another state, and even if the San Diego DUI 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 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. Please do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

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 San Diego DMV hearing if you completed a chemical test. (See reverse side of pink DMV order of suspension.)

Issues include whether the officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is inadmissible and cannot be relied on.

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) BAC issues, you win! If a refusal, there's 4 issues.

1. All DMV lawyers need to do is successfully knock out just 1 of the DMV issues to preserve your license, avoid DMV reissue fee, and/or not have to file an SR-22.