San Diego DUI Law Center

California drunk driving encounters too often end up in DUI cases meaning lawyers from San Diego have to take the high ground to keep peeps driving. What to do within 10 days of a San Diego DUI arrest is critical.

10. First, to keep driving, a San Diego DUI / DMV lawyer must request a hearing within 10 calendar days.

Mistake to avoid #1: If you schedule the DMV date and it ultimately conflicts with your San Diego DUI lawyer’s schedule, DMV will not recalendar. Having the wrong attorney could be disastrous.

9. The pink SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE specifies the issue date. From that point, one calculates the 10 calendar days. You San Diego DUI / DMV attorney can figure it out in a jiffy.

8. The pink dagger aka ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE should have gotten into your hands from the arresting cop.

7. Careful: if you did not receive this DMV order, California DMV will still take action against your driving privileges since the cop will likely say you were served.

6. 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. The pink TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only 30 days from the issue date. But once the 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. It’s critical to not confuse the pink 30 day TEMPORARY DRIVER LICENSE with your court date even though they are close!

3. There are a number of issues, usually 3 issues at the San Diego DMV hearing if you did a breath or blood test and are over 21. Did the officer had probable cause to stop or contact you? Is the San Diego DUI breath or blood test evidence is inadmissible and/or rebuttable?

2. San Diego’s Office of Driver Safety has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on less than all necessary issues, you win!

1. San Diego DMV attorneys must prevail on a DMV issue to get a set aside order, keep your license, avoid a DMV reissue fee, and avoid SR-22 insurance company document. Sound simple?

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