Don’t be stupid and have a 1/5th on the 1/5th of May, and thereafter get arrested for a DUI over the Cinco de Mayo weekend. Remember, there will be Checkpoints everywhere. Furthermore, note that you must appear in court on the date on the yellow citation you were given when arrested. In addition, you must request a hearing with Department of Motor Vehicles within 10 days. Thus a DUI arrest kicks in two separate proceedings…….the Court and a DMV Hearing.
A DMV “Administrative Per Se” (APS) hearing presumes a driver is per se “under the influence”, if the DUI CHEMICAL RESULTS (PAS aka Preliminary Alcohol Screening or Blood test), shows the driver to be .08 or higher. In order to save your CDL (California Driver’s License)/Driving Privileges, your lawyer, not the driver, should request a DMV hearing within TEN (10) DAYS. Additionally, REQUEST A DMV IDENTIFICATION CARD at the same time, as you will need some form of proof with a picture during the ensuing period of time!
If the driver sets the hearing it will be set out 30 days. However, if we request it, we can get it set farther out and probably continue that. This allows our client a good license for all that time. After the DMV hearing, we advise the Hearing officer that our client has not driven for all this time and “try” to talk them out of the suspension.
The 10 day time limit begins running from the issuance/arrest date on the Pink Order of Suspension/Temporary Driver’s License, known as the Administrative Per Se (APS) form. This is true whether you have a California or out of state license. The Administrative Per Se/Order of Suspension/Temporary Driver’s License Endorsement is the 8 x 10 PINK DMV form PS360 (sometimes white) that the officer gave you when he/she took your license. It gives you the right to drive for 30 days before your right to drive in California is suspended for 4-5 months.
This Pink Temporary Driver’s License Endorsement, is good for only 30 days from the issue date. If the DMV hearing is requested within 10 days, your driving privileges can be extended if your attorney requests a STAY. It freezes the suspension.
The suspension is thus delayed until the outcome of your DMV hearing in about 60 days. After requesting a stay, you receive a white piece of paper which is a Temporary Driver’s License via mail…and it will be sent to the address on your license. It is only valid for the time listed on the paper.
Most arrestees do not realize a DUI creates 2 SEPARATE PROCEEDINGS, that both must be addressed and not confused. One is the Court and the other is the DMV APS hearing. The outcome of one, does not necessarily affect the other. When DMV suspends your license, it is for a four month period. However, if you ask for a restricted license, the suspension is for 5 months.
Sometimes, clients enter a court plea BEFORE the DMV hearing. Though the court does not suspend your license as part of the plea, the court will notify DMV in Sacramento of the plea and need to attend a drinking driving program. That notification will trigger a letter from DMV in Sacramento called an Order of Suspension. This Order of Suspension is for 6 months.
If the court orders you into a Drinking driving program, you will have to show them your California DMV ID Card. All DUI drivers should go to DMV a week or two after the arrest (in Palm Desert on a Saturday after 2pm), to request a printout of their DMV driving record. You will need to show this to the Riverside County Drinking Driving Program, if you are ordered to attend a DUI class.
“Tough I am sometimes referred to as a DUI criminal defense lawyer, I choose to not view my clients as ‘criminals’. I prefer to view them, and more importantly to treat them, as good, honest people that have found themselves in a scary and unfortunate situation.”
I look upon my job as protecting the Constitutional Rights of every American who drinks and drives and gets arrested for a DUI.
I do however “Change Hats” when I SUE Drunk Drivers for damages to my Injured or Deceased (Wrongful Death) clients when I handle their Accident Case.
PLEASE DON’T DRINK AND DRIVE, CALL A TAXI, LYFT OR UBER………IT IS A LOT CHEAPER THAN HAVING AN ARREST OR ACCIDENT AND CALLING ME ………SO DRIVE SOBER OR GET PULLED OVER
Representing the Injured and Criminally Accused
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-21
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
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