Providing discreet and superior DUI defense for the discerning few since 1975.
If a DUI conviction is not an option; if a DUI conviction will destroy your life; then it is time to turn to a nationally recognized leader of the DUI Defense Bar—James Farragher Campbell.
The ABCs Of DUI Defense: A guide for those arrested
by James Farragher Campbell, ESQ.
CHAPTER 3: THE DMV AND WHAT THEY CAN DO TO YOUR LICENSE
If the police officer took your driver’s license at the time of arrest and you received a pink Temporary License/Notice of Suspension, then you only have ten (10) days to contact the DMV and request a hearing; otherwise, your driving privilege will be lost at the end of thirty (30) days.
If you are an out-of-state driver, and the arresting officer let you keep your license but gave you a pink Temporary License/Notice of Suspension, then you only have ten (10) days to contact the DMV and request a hearing; otherwise, your driving privilege in the State of California will be lost at the end of thirty (30) days.
One of the most important issues to address in your case will be your attempt to keep and maintain your driving privilege. To most individuals, this is looked upon as an absolute necessity and often may very well directly relate to their ability to make a living.
It is always a good idea to contact a DUI defense attorney prior to contacting the DMV so that you can be advised on the type of hearing to request as well as the timing of such a hearing request. You may also be advised that it may be better for the attorney to contact DMV for you.
You have 10 days to contact the DMV, which is plenty of time to get in touch with a lawyer. Some lawyers may tell you that they will contact DMV for you, even though you have not retained them. This is not always in your best interest. You may end up retaining another lawyer to represent you and then the DMV hearing will have to be changed. You may be giving up or using a continuance request for no reason. If, for some reason, you do not hire a lawyer before your 10 days is up then you must contact DMV yourself and request a hearing.
As you have already been informed, you only have 10 days from the date of arrest to request a hearing before the DMV. If you do make that request then a stay of the driving license suspension will be issued. You will maintain full and complete driving privileges while the stay is in effect; and, the stay of suspension will continue until DMV’s ruling following the hearing.
If you do not request a hearing, your driving privileges will be suspended as follows:
- First time offender – 4 months;
- First time offender who refused a chemical test – 1 year;
- Second time or subsequent offender – 1 year;
- Second time offender who refused a chemical test – 2 years;
- Third time offender – 3 years.
For the per se suspension periods, a previous DMV administrative per se suspension will be counted against you, even if you didn’t end up with a DUI conviction in the previous case.
If you have not retained counsel, then you must contact the DMV for a hearing; otherwise, as stated above, you will lose your driving privilege.
If you have to contact the DMV yourself, the following information may be of help: TIONS FOR REQUESTING THE DMV
You must make a request for a hearing within ten days of the date you were given the Notice of Suspension. Most often, the Notice of Suspension will be given to you at the exact same time you were arrested. The ten days are calculated by counting the first day as the first day after your arrest. As an example, if you were arrested on the 15th of the month, start counting on the 16th of the month as the first day, and the tenth day would then be the 25th of the month.
The information set out below supplies the Department of Motor Vehicles with the information legally necessary to obtain a hearing. You do not have to supply any other information at the time you make the request in order to receive a hearing date or the stay of your license suspension.
You must provide the DMV, at the time you make your request for hearing, with the following information:
* Your name and driver’s license number.
* The date of arrest or notice of suspension, which you will find on the Notice of Suspension itself. It will also contain information regarding the county where you were arrested.
* Request either an in person or a telephonic hearing.
The telephone numbers for the DMV per se hearings are listed below.
|City of Commerce||(323) 724-4000|
|El Segundo||(310) 615-3500|
|San Bernardino||(909) 383-7413|
|San Diego||(619) 627-3901|
|San Francisco||(415) 557-1170|
|San Jose||(408) 277-1314|