You were stopped, the San Diego DUI officer started the San Diego DUI / Drunk Driving process. Each DUI in San Diego, California triggers two separate and totally different types of San Diego DUI & San Diego DUI – DMV cases.
The first San Diego DUI case is the most well known because it involves the great big chamber and the big robe and gavel: the San Diego DUI Court Process or Criminal Court Proceedings. This involves any San Diego DUI evidence collected at the time of arrest among other things. The second San Diego DUI charges brought against someone once arrested for drinking and driving involve the Department of Motor Vehicles and an administrative per se or APS case.
In California vehicle code 13558, 14100 and 14103, time limits were set on how many days until contact by a San Diego DUI attorney must be made with the DMV after arrest. Due to these time limits, when an attorney takes a new DUI case in San Diego, they must contact the DMV within the first 10 days of arrest and request an APS hearing. A very important step and one that sadly enough sometimes forgotten or overlooked during the drama on a San Diego DUI arrest.
This step is critical for the San Diego DUI Attorney or person charged to be completed in a timely manner and affects whether or not the arrested individual will be able to keeo his/her license in the ling run. When calling a San Diego DUI criminal defense attorney about San Diego DUI drunk driving charges, most of the time, one of the first questions asked after, when were you arrested, is have you filed paperwork with the DMV to request a DMV hearing?
DUI’ s in San Diego California are growing, almost on a monthly basis since the new laws lowered the legal limit to 0.08%. The San Diego DUI drunk driving arrests affects poor people more than the rich. Even though the public defenders office and system will help the poor in court and during the criminal part of the proceedings, the arrestees are completely on their own when it comes to the Department of Motor Vehicles.
Most of the low income clients that you will find in a San Diego DUI defense attorney’s office are looking for a lawyer simply for the DMV hearing and nothing else. They are worried about their license and of course the status of transportation when it comes to getting to their jobs, families and shopping.
Anyone who forgoes the San Diego DUI DMV hearing automatically loses the right to drive in California and any rights and defenses that existed are waived by the person arrested. If in San Diego at the time of arrest, and you have a CA drivers license, it is suspended for at least 4 months (or one year upon first offense refusal of chemical test). Having a commercial drivers license has steeper penalties for the arrestee.
Most people simply don’t understand their rights once arrested and released and end up waiving all of their San Diego DUI rights at the APS DMV Hearing. Not obtaining the proper San Diego DUI defense attorney quickly after arrest can lead to several problems in the end, not the least of which losing your drivers license. Your San Diego DUI lawyer should file that paperwork for you and make sure to make the 10 day limit and get the DMV their request in a timely manner.
Looming foremost on most San Diego DUI arrestees minds once they have been charged with a San Diego Drunk Driving / DUI is normally, what will happen to my drivers license? Hopefully once arrested, they have the state of mind needed to obtain the proper San Diego DUI lawyer and get the paperwork filed with the DMV in time to keep the worry to a minimum. www.sandiegodui.com