San Diego lawyers who spend their lives trying to keep clients driving discuss things to know and to do within 10 days of a drunk driving or DUI arrest.
10. To preserve your driving privileges, your DUI attorney has only 10 calendar days to contact San Diego DMV!
Folks who foolishly contact DMV to schedule a date themselves and the date ends up conflicting with your San Diego DUI attorney’s calendar, are stuck. DMV will not reschedule and you may not get the DMV attorney of your choice. Remember, there is no rush. Your lawyer will timely serve DMV by the 10th day from your arrest
9. This mandatory 10 day time limit begins on the Issue date of the pink DMV SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If it’s the 10th day, or you think you might be late in scheduling, call a lawyer 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 30 days from the issue date.
If a 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. Please 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 San Diego DMV hearing if you completed a chemical test. (See reverse side of pink DMV paper.)
Issues are whether the officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is inadmissible, rebuttable, unreliable, inaccurate and/or untrustworthy.
2. The 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 DMV attorneys have to do is successfully knock out just 1 of the DMV issues to preserve your license, to avoid a reissue fee, and/or to eliminate the expensive SR-22 filing!