Stockton, CA asked in DUI / DWI for California

Q: At the time of my arrest, the officer said I had to contact the DMV within 10 days. Why?

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7 Lawyer Answers

Alexander Bakhache Perez

Answered
  • DUI & DWI Lawyer
  • Fullerton, CA
  • Licensed in California

A: To request a DMV hearing timely so you can continue to drive while your DMV hearing is being set to be heard. If you hire a DUI attorney they will do the DMV hearing for you as well.

Joseph Torri agrees with this answer

William Mihrtad Paparian

Answered
  • DUI & DWI Lawyer
  • Pasadena, CA
  • Licensed in California

A: You must contact the DMV within 10 days of your DUI arrest in order to preserve your right to have an

administrative hearing with the DMV regarding the suspension of your driver's license.

Joseph Torri and Dale S. Gribow agree with this answer

Alexander Andryuschenko

Answered
  • DUI & DWI Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Under the California law, if you are arrested for a DUI, your license has to be confiscated by the arresting officer. Instead of your driver's license, the arresting officer will issue you a temporary driver's license good for 30 days. After the 30 days, your driver's license will most likely be suspended.

But, you have a right to request a hearing to determine if the officer had reasonable suspicion to pull you over, and the probable cause to arrest you, and also whether you were driving with a blood alcohol level of .08% or more. However, the right to request a hearing expires after 10 days. After 10 days you do not have a right to request a hearing and a license suspension occurs almost automatically. If you want to have a chance to review the evidence and to present the defense, you must contact the DMV within 10 days.

Todd Alan Landgren

PREMIUM
Answered
  • DUI & DWI Lawyer
  • Irvine, CA
  • Licensed in California

A: You do not have to contact DMV within ten days of being arrested, but it is in your best interest to have your lawyer do so on your behalf. If you choose not to contact DMV, DMV will decide whether to suspend your privilege to drive in California without any input from you. You will also lose an important opportunity to get insight on the prosecution's side of the case.

Dale S. Gribow

Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: There are two different entities that are triggered when you get a DUI. The Court is only one of them. The other entity is DMV which is an administrative agency and they do not follow the Rules of Evidence as a Court would or should. The DMV Hearing Officer, who does not have any legal training, is both the presiding judge and the prosecutor. Thus he rules on his own objections.

The hearing is conducted like a miniature trial, but without the jury and with somewhat different rules of evidence. The legal defenses tend to be more “technical” than in court, with procedure and bureaucratic errors often the grounds for a “set-aside” of the suspension. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, lab reports and the officers sworn affidavit.

Because there is no 5th Amendment right at the hearing we usually choose not to have our client available at the hearing. This is because the client could be called by the hearing officer as a witness and what is said can be used by the DA in court. Neither a plea to a reduced offense nor a dismissal of criminal charges is a defense to an APS suspension. The only court proceedings that will have any impact on the DMV is an acquittal or finding of innocence on the .08% charge. Similarly, a “set aside” in the DMV hearing has no effect on the criminal proceeding.

When arrested for a DUI in Riverside County the officer will give you a 8x10 pink form advising you that you must contact DMV with 10 days or your license will be suspended 30 days after the stop for 4 months. HOWEVER after 30 days of suspension you can get a restricted license from DMV.

you have to file an SR22 through your insurance co, pay a re issuance fee and enroll in a DUI school.

If DMV suspends your license, it is for a 4 month period on a first offense. However if you ask for a restricted license, the suspension is for 5-6 months. You can request a restricted license 30 days after you receive the notice that your suspension period started. A restricted license allows you to drive to and from work and a DUI program.

Dale S. Gribow

Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: the pink slip you receive from the officer at the time of arrest advised you that you must contact DMV within 10 days to request a DMV hearing ......if not 30 days after your arrest your license will be suspended for 4 months.

After a license suspension (which starts only when you get the notice of suspension paperwork from DMV, there is a 30 day period where you cannot drive. You either have to make arrangements to have one of your friends drive you or you can contact a private limo company and

/or a private driver.

Dale S. Gribow

Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: THERE ARE TWO ENTITIES THAT GO AFTER THE DRIVER WITH AN ARREST FOR DUI......ONE IF DMV AND THE OTHER IS THE COURT.

WITH RESPECT TO DMV YOU MUST CALL TO REQUEST A HEARING WITHIN 10 DAYS OR YOU LOSE YOUR RIGHT TO DO SO.

IF YOU DO NOT DO SO THEN 30 DAYS AFTER THE ARREST YOUR LICENSE IS SUSPENDED.

HAVE A LAWYER GUIDE YOU THROUGH THIS........THERE ARE THINGS A GOOD LAWYER CAN DO TO PROTECT YOU.

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