Many drivers get a DUI and do not realize they have to deal with DMV in addition to court. Here is what you must do.
- Your attorney has 10 days from the arrest (Stop and Snatch of your CDL) to request a DMV HEARING and a STAY. The Pink Temporary License given when the officer took your license is good for 30 days and a Stay freezes that suspension.
- GO TO DMV, EXPLAIN YOUR LICENSE HAS BEEN LOST AND GET A REPLACEMENT LICENSE OR A DMV IDENTIFICATION CARD ASAP. While there get a copy of your record (H6).
- The DMV hearing will be set about 6 weeks after your arrest and Court two months after. Your arrest report is not available before the arraignment date. However if you request your record from DMV a few weeks after your arrest, it will show how many points you have against you AND show the Breath reading from your arrest. This is invaluable to your attorney. If you took a Blood test wait about 6 weeks to request your DMV record as it takes them time to analyze.
- Take Down your Social Media Sites as it provides info for the DA that could be embarrassing or harmful to you and helpful to the DA.
- If you plead in court, though the judge does not suspend your license, when the court notifies Sacramento DMV of your plea/conviction, you will get a license suspension from Sacramento. IF your license was already suspended after a San Bernardino DMV hearing, you can normally get your license back by paying a reissuance fee.
- The DMV Hearing is a Per Se hearing. Thus if you have a reading of .08 or more you are Per Se GUILTY in the eyes of DMV… and most DA’s. Your attorney has to knock out one of the three elements for you to win a DMV hearing. The DMV Hearing officer has no legal training and is both the Prosecutor and the Judge. They can conduct the hearing, even though they have not provided your attorney with a police report. They do this by using the one page DS 367 report the officer fills out at the scene……of course we object.
- By Statute DMV is Black and White with DMV Hearing officers having NO Authority to negotiate or extend courtesies because you do not have priors or are a good citizen. Most DMV hearings are arguments over evidence not facts.
- There is a license suspension for 30 days if you lose the hearing. You file an SR22 (showing proof of auto insurance) plus proof of enrollment in DUI classes and pay a DMV reissuance fee for a RESTRICTED CDL.
- Do NOT volunteer your DUI arrest info to your auto insurance agent…unless they ask you about your record for the last year. It is their burden to learn about the DUI. However, do not lie if asked!
- Consider contacting our insurance agent who specializes in insuring DUI drivers. We use Breathe Easy Insurance Solutions 866-822-7755 or BreatheEasyIns.com. They insure you while you have a clean record. Contact them BEFORE a plea or conviction as you are innocent until proven guilty. Tell them I referred you. You can also contact them after a plea but they will not be able to do as much. They file the SR22 AWAY FROM YOUR EXISTING INSURANCE CARRIER with a supplemental policy reducing the risk of a notification that will affect your premium. They electronically file the SR22 and the process takes 15 minutes. If it is not required for any reason they will refund your money. The SR22 policy is based on age, zip code and driving record. The average insurance premium goes up $2500/year after a DUI. The SR22 must be on file with DMV for a 3 year probation period. The DUI stays on your record for 10 years and affects your insurance premium for 4-5 years. When an out of state driver is convicted in California of an alcohol related offense; they must satisfy DA requirements for an SR22 or their residing states license status will be affected.
SUGGESTIONS FOR FUTURE ARTICLE CONTACT DALE GRIBOW 760-837-7500 or dale@dalegribowlaw.com.
DALE GRIBOW
“TOP LAWYER” – Palm Springs Life-(DUI)-2011-17
“TOP LAWYER”- Inland Empire Magazine Nov. ’16
PERFECT 10.0 AVVO Peer Rating
DON’T DRINK AND DRIVE, CALL A TAXI OR UBER………IT IS A LOT CHEAPER THAN CALLING ME ………SO DRIVE SOBER OR GET PULLED OVER
