San Diego DUI Attorney information
“I’ve just been arrested for a San Diego California DUI. What happens now?”
The San Diego County California DUI 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 San Diego 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.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. 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.
San Diego DMV rarely sets aside an action based on a San Diego DUI upon automatic administrative review. A hearing is normally requested by a San Diego DUI Lawyer.
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“At the time of my San Diego drunk driving arrest, the officer confiscated my driver license. How do I get it back?”
Contact a San Diego Drunk Driving Attorney who can best advise you. Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at 0 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.
1, 13388, 13392.
After your San Diego DUI Lawyer requests a hearing, if it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
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“The San Diego County DUI officer issued me a pink Order of Suspension and Temporary License. What am I supposed to do with this document?
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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.
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“The Notice of Suspension that the San Diego California DUI officer gave me at the time of my arrest states I have 10 (ten) calendar days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?”
A San Diego DUI – DMV APS hearing is your San Diego Drunk Driving Attorney’s opportunity to show that the suspension or revocation is not justified. There are many complicated issues. Contact a San Diego DUI Lawyer asap.
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“For how long could my driving privilege be suspended if I took the chemical test and if San Diego DMV upholds the San Diego DUI – DMV suspension?”
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 10 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.
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“Do I need a San Diego DUI – DMV Administrative Per Se hearing to get a restricted license to go to and from work?”
Not if you are willing to accept a mandatory initial suspension period for at least 30 days. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office. Contact a San Diego DUI Attorney for help in deciding these issues.
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“The San Diego DUI officer indicated in the pink Order of Suspension or 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.
A San Diego DUI Attorney can explain how a refusal hearing can be won in your case.
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“How long could my driving privilege be suspended for not taking the chemical test if the California DUI refusal hearing is upheld?”
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 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 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 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.
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“How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?”
The San Diego DMV suspension or revocation is a civil or administrative per se action taken against your driving privilege only. The suspension or revocation following a conviction in San Diego DUI court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
San Diego DUI Attorneys can explain the difference between San Diego DUI court and San Diego DMV.