If you have been arrested for DUI (driving with a blood alcohol concentration of .08% or more) you must take immediate action to protect your driving privilege.
The California Department of Motor Vehicles (DMV) will suspend your driver's license for a four (4) month period or longer depending on the circumstances of your case, such as prior DUI convictions, commercial driver license, or other factors.
After a person is arrested, the law enforcement officer will confiscate the California driver's license and issue a (Pink) Temporary License/Order of Suspension at the time of release from jail. The (Pink) Temporary License/Order of Suspension expires 30 days from the date issued unless the driver takes immediate action.
The (Pink) Temporary License/Order of Suspension gives notice that:
“YOU HAVE TEN DAYS FROM RECEIPT OF THIS NOTICE TO REQUEST A HEARING TO SHOW THAT THE SUSPENSION OR REVOCATION IS NOT JUSTIFIED”
If a timely request is made (within the 10 days), the suspension of the driving privilege may be “stayed” until the final determination of the DMV Administrative Per Se (APS) hearing. This means that no action against your driving privilege can occur until after the hearing is completed and you can continue to drive as normal.
If the arrested person fails to request a hearing with the DMV within the 10 day time period, generally the right to a hearing is waived and the DMV will suspend or revoke the driver license at the end of the 30 day temporary license period.
Also note that the DMV Administrative Per Se (APS) hearing is independent of the criminal court case resulting from the DUI arrest. It is always better to have the Law Offices of Manuel J. Barba preserve the DMV hearing rights within the 10 day period for you because the DMV will not set a hearing date right away - this is because the DMV knows that our law firm very well and that we are going to subpoena evidence related to the initial stop, the DUI investigation, as well as the chemical test, and the DMV knows this takes time to do.
If you are now at the 10 day limit, YOU MUST call the DMV Driver Safety Office immediately to request an in-person hearing. If you were arrested in Riverside or San Bernardino County, the DMV Driver Safety office to call is:
San Bernardino Driver Safety Office (909) 383-7413 Fax: (909) 383-7439.
When you call DMV Driver Safety, give the clerk your name, driver license number, and date of birth.
DO NOT discuss any of the facts of the arrest or any information regarding drinking alcohol.
Advise the DMV clerk that you will be hiring an attorney. Be sure to request a “Stay” of the action against your license and be sure to take notes of your telephone conversation with the DMV clerk and write down the name of the clerk you talked with, the date, and the time of your call.
To request a DMV hearing, you must call the DMV Driver Safety Office and not a DMV Field Office (where you normally transact business with the DMV).
Many drivers arrested for DUI believe that if their blood or breath alcohol test was 0.08% or more they will automatically lose their license – THIS IS NOT TRUE! There are many defenses which can result in the DMV action against your driver license being set aside, despite the actual blood alcohol level.
The key is hiring an expert DUI defense attorney. If you do nothing, your driver license will be suspended or revoked.
The DMV Administrative Per Se action and its procedures are very complicated. It is in your best interest to hire the Law Offices of Manuel J. Barba prior to contacting the DMV for a hearing. The Law Offices of Manuel J. Barba will contact the DMV on your behalf and schedule your DMV hearing and take the necessary steps to make sure that your case is defended.
In addition, attorney Manuel J. Barba will coordinate your DMV case with the defense of your criminal court case..
Call the Law Offices of Manuel J. Barba today for a free consultation: (760) 770-3377