“I Have A Clean Record” is shared by many clients. They think, having a clean driving record and being a pillar of the community will factor into their guilt or innocence. It may affect sentencing, but not GUILT or INNOCENCE. Sometimes a prior record will aggravate the sentence and philanthropic work in the community may mitigate the sentence. However, they have nothing to do with GUILT or INNOCENCE.
The DMV hearing officer will take the matter under submission and send you a letter, at your driver’s license address, notifying you of their decision. They don’t give their decision over the phone. This is the same thing I was trained to do when I sat as a Judge Pro-Tem for traffic matters. It is easier to say you are taking it under submission, and will notify the defendant of the verdict via mail. Doing this avoids a conflict in the courtroom. Remember 98% of DMV hearings are lost by California Drivers if the reading is .08 or more.
Even if you lose the DMV hearing, our office can often elicit facts that can help to convince the DA to dismiss the case or offer a reduced charge in court.
If you lose the hearing, DMV in Sacramento is notified, which then suspends your license. However, you can go to your local DMV (Palm Desert on a Saturday afternoon), pay a reissuance fee of $125, show proof of DUI class enrollment and the SR22, when your suspension is concluded.
As long as there is no other issue with your driving record, such as to many points, you can get your license back. However, a suspension from a court plea is 6 months, so it is about a month longer.
There is a 4 months restriction if there is no DMV hearing requested; 5 months restriction if there is a DMV hearing AND you requested a restricted CDL, and then lost the hearing.
A DMV suspension is for a 4 month period on a first offense. However, if you ask for a restricted license, the suspension is for 5-6 months from the application date. You can request a restricted license 30 days after you receive the notice that your suspension period started. A restricted license allows you to drive to and from work and a DUI program. Upon a DUI arrest, the arresting officer takes your California license only (but not an out of state license) and sends it to DMV Sacramento for destruction.
With a Court plea, AFTER the San Bernardino DMV hearing suspension, even though the court does not order a suspension of the license, the court will notify Sacramento DMV of the plea…(if you call: 916 657 6525 then hit 9 and then 2). The Court will explain the driver is required to attend a drinking driving program, and this will trigger a suspension letter from the Sacramento DMV, called an Order of Suspension, which is another suspension that uses the conviction date.
They are considered separate suspensions, and thus depending on the timing, you could have 2 different DMV suspensions for the same DUI. The Court Order of Suspension is 6 months. However, unlike a DMV Suspension, you can apply for a restricted license right away by paying $55.00 to reissue a license and $15.00 for the restriction for a total of $70.00….unless rates increase, like everything else in 2023.
Show proof of enrollment in a drinking driving program and an SR-22 from your insurance agent. DMV’s action, triggered by the court plea, is taken under the authority of VC Section 13352(a)(1) because of a DUI conviction. Thus, there is NO Minimum Suspension.
You need the SR22 to get CDL back. In that regard, I strongly recommend you contact Cliff Jones after you talk to me, from Platinum Consultants, representing Your DUI Solutions. I BELIEVE HE IS THE BEST. Call him on his cell 310 529 1049; cliffjones@yourduisollutions.com.
He is a DUI insurance expert, and well versed in the new law, SB 1046.
He handles DUI clients SR22, alignment of the correct alcohol classes and ZERO “net” cost installation of the IID, when, where required for first offenders, as well as multiple offenders.
The Awareness Program uses the DMV printout or court order, to sign you up for the First Offender Drinking Driving Program under AB-541. This is a 16 week, (4 month) program of 15 classes, meeting once per week for 2 hours. If your blood alcohol reading is over .15, the court files an Enhancement, requiring the 9 month AB 1353 program. DMV only files an enhancement if the reading is over .20.
The registration fee for Awareness is $61 for AB 541 classes and $165 if 9 mo (1353) program. The cost is $31/day for both. If you need to transfer OUT to another California city, they will charge you $21 (and $40 to transfer in).
RECENT LEGISLATION NOW SAYS, IF YOU ARE ON PROBATION FOR A DUI AND GET A NEW DUI WITH ANY ALCOHOL, THE DMV WILL TAKE YOUR LICENSE FOR A YEAR.
