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Crime.Justice & America - DUI and DWI - "Ten Important Facts Regarding Your CA Drivers License After Getting Arrested for DUI" by Randy Moore

"Better education means better justice. Better education means a higher standard for government to insure proper prosecution and incarceration. Better education means reduced recidivism, and in turn, less financial burden on society".

 
 "Ten Important Facts Regarding Your CA Drivers License After Getting Arrested for DUI" by Randy Moore
 

TEN IMPORTANT FACTS RE YOUR DRIVERS LICENSE:

By Randy Moore

  1. You have to request a hearing re your driving privilege suspension within 30 days. Your license suspension will automatically start in 30 days from the day you were handed the Order of Suspension/Temporary Driver’s license.
  2. ORDER OF SUSPENSION/TEMPORARY DRIVER'S LICENSE is the pink carbon copy of California DMV form handed to you by the officer at the time of arrest (also called a DS 367 form). It may look slightly different if you are under age 21.
  3. If you want a stay of suspension pending a hearing date (and sometimes it takes 3 or 4 months to get a hearing date, you or your attorney have to contact the DMV and request a hearing within ten (10) days. It is important to request a hearing in writing via facsimile or in person so that you keep a proof of request like a fax confirmation or a stamped “received” copy of the request. If , however, you decide to do it by phone, you must obtain the name of the person you spoke with. DMV offices are notorious for losing paperwork and not updating their records.....My office is requesting hearings for people at no charge.
  4. Even if you did not receive this Order of Suspension, the California DMV may still take an action against your driving privilege. If you were stopped and arrested for a DUI, chances are that an action will be taken against your driving privilege and a request for a hearing still should be made within 10 days of your arrest date.
  5. 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.
  6. Your TEMPORARY DRIVER'S LICENSE is valid for only thirty (30) days from the issue date. If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY LICENSE will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.
  7. Do not confuse this initial 30 day TEMPORARY DRIVER'S 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 notices confuse or mislead you to believe that the TEMPORARY DRIVER'S LICENSE is good "until the court date.” It can be months before your DMV hearing takes place.
  8. There are three (3) issues at the hearing if you completed a chemical test.
  9. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on only two (2) issues, you win!
  10. All your attorney has to do is knock out one (1) DMV issue to save your license.

I've just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Your driver license is rarely returned to you at the end of the suspension or revocation. You may be required to obtain a new one, provided you pay a $100.00 reissue fee to the DMV and you file proof of financial responsibility.

The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason. You must keep your copy of the Order with you at all times.

The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified.

For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

  • A first offense will result in a 4-month suspension.
  • A second or subsequent offense within 7 years will result in a 1-year suspension.

If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

  • The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
  • Both the blood or breath tests are not available, or
  • You are a hemophiliac, or
  • You are taking anticoagulant medication in conjunction with a heart condition

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 7 years will result in a 2-year revocation.
  • A third or subsequent offense within 7 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 7 years will result in a 2-year revocation.
  • A third or subsequent offense within 7 years will result in a 3-year revocation.

How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

 

Contact the Law Office of Randy Moore at 408-271-6600. DUI Attorney Randy Moore helps people arrested for DUI and California Drivers License Suspensions cases over the last 20 years. A nationally recognized leader in DUI defense.  Past President , member, and lecturer of California Deuce Defenders(California State DUI Defense Group) Contributing editor California Drunk Driving Law by Kuwatch. Graduate National College for DUI Defense at Harvard. Certified breath expert. California State Bar speaker on "Winning Defenses against license suspension .Conducted training of DUI Attorneys for National College for DUI Defense at Harvard.  

 
This entry was posted in DUI and DWI.
 
 
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