What you must do within 10 days of being arrested of a San Diego DUI
10. If you need to save your driver’s license or privileges, your San Diego DUI attorney has only ten (10) calendar days to contact San Diego DMV!
Do not schedule yourself. If you contact DMV to schedule a date conflicting with your San Diego DUI attorney’s calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your San Diego DUI attorney contacts DMV by the 10th day from your arrest.
9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a San Diego DUI attorney ASAP.
8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.
7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.
6. Even 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. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.
If a San Diego 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 San Diego DMV hearing is determined.
4. Do not confuse this initial 30 day TEMPORARY DRIVER 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 paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good “until the court date”. If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.
3. There are three (3) issues at the hearing if you completed a San Diego DUI chemical test. (See reverse side of DMV paper.)
Issues are whether the San Diego DUI officer had probable cause to stop or contact you or whether the San Diego DUI chemical test evidence is beatable.
2. The San Diego DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!
1. All a San Diego DUI/DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!