Neither you or a friend need to get arrested for a DUI over the July 4th holiday? If so remember you do not just have to appear in court on the date on the yellow citation you received when arrested. You also have to deal with the Department of Motor Vehicles. An arrest for a DUI kicks in two separate proceedings…….the Court and a DMV hearing.
A DMV Administrative Per Se Hearing, presumes a driver is per se GUILTY/Under the Influence, if the DUI CHEMICAL RESULTS (PAS aka Preliminary Alcohol Screening or Blood test), show the driver is .08 or higher. If you are stopped for a possible DUI, in order to save your California Driver’s License or driving privileges, you must request a DMV hearing within TEN (10) DAYS. You should go to DMV and pay $6 to get a copy of your DMV record and at the same time REQUEST A DMV IDENTIFICATION CARD, as you will need some form of ID with a picture during this process and for travel etc!
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 form. This is true whether you have a California Driver’s License or an out of state driver’s 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 by having your attorney request a STAY, which freezes the suspension. The suspension is thus delayed until the outcome of your DMV hearing in about 60 days. After requesting a stay, you will receive a white piece of paper from DMV which is a Temporary Driver’s License, via mail. It will be sent to the address on your license, so be sure DMV has your correct address. It is only valid for the time listed on the paper.
Most arrestees do not realize that a DUI creates 2 SEPARATE PROCEEDINGS, that both must be addressed and not confused. One is the Court and the other is the DMV administrative per se hearing. The outcome of one does not necessarily affect the other. When DMV suspends your license, it is for a four month period. If you ask for a restricted license, the suspension is for 5 months. Sometimes, we have clients who enter a plea in Court to something BEFORE the DMV hearing. Even though the court does not suspend your license as part of the plea, the court will notify the DMV in Sacramento that the driver pled to a DUI or reckless etc., and that the driver is sentenced 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 Identification Card. Do not rely on a telephone call to DMV alone…let your lawyer make the request. It is well-known that when the DMV employee tells you, “You’ll be contacted later”, that something will go wrong. All drivers with a DUI should go to DMV a week or two after the arrest 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.
