Well, maybe held up is too strong a term, but many of you or a friend or family member may have been TEMPORARILY DETAINED by Indio’s finest upon entering or leaving Coachella or Stagecoach. You may have had a conversation with the men and women in a black and white who invited you to return for less pleasant visit to the Indio Court to “discuss” your DUI arrest.
An arrest for a DUI kicks in two separate proceedings…….the Court and a DMV hearing. Both are looking to punish you. DMV looks to suspend your license while the court focuses on jail. The outcome of one proceeding 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 Sacramento’s DMV called an Order of Suspension (for 6 months).
A DMV Administrative Per Se (APS) hearing presumes a driver is per se GUILTY or Under the Influence, when the DUI CHEMICAL RESULTS (PAS aka Preliminary Alcohol Screening Breath Test or The Blood Test), shows the driver to be .08 or higher. With a DUI, in order to save your California Driver’s License or driving privileges, your attorney must request a DMV hearing within TEN (10) DAYS. A few weeks later the driver should go to DMV, pay $6 to get a copy of your DMV record and REQUEST A DMV IDENTIFICATION CARD. 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 APS form. This happens whether you have a California or out of state driver’s license. The APS/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 “snatched” your license. It gives you the right to drive for 30 days before a 4-5 month suspension.
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 a Stay, you will receive a white DMV 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 or until you are notified by the DMV of a license suspension.
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.
“Though 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…after screwing up.”
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 in a Personal Injury Accident for their Negligence, that caused the damages to my Injured or Deceased (Wrongful Death) client .
DRINKING AND TEXTING BOTH CAUSE ARRESTS AND ACCIDENTS, OR MAKE A DRIVER LESS LIKELY TO AVOID A DUI INDUCED ARREST OR ACCIDENT… THAT WOULD NOT BE THEIR FAULT.
BEING INTOXICATED, IS JUST AS SERIOUS AS BEING INTEXTICATED.
A DRIVER MUST DO EVERYTHING POSSIBLE TO AVOID AN AT FAULT ACCIDENT.
THE BOTTOM LINE IS “DON’T DRINK AND DRIVE OR TEXT, AND GET A DUI OR ACCIDENT… CALL A TAXI, LYFT OR UBER….THEY ARE A LOT CHEAPER THAN CALLING ME”.
REPRESENTING THE INJURED AND CRIMINALLY ACCUSED
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-22
“TOP LAWYER” – Inland Empire Magazine
PERFECT 10.0 AVVO Peer Rating
“PREEMINENT” Rating – Martindale Hubbell Legal Directory
“BEST Attorneys of America” Selected by “Rue” (Limited to Top 100 Attorneys/state)
“10 Best Attorneys” for California
Legal Eagle “Best and Brightest Legal Minds” -The Prestigious Palm Springs Life Magazine
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow 760- 837- 7500 or firstname.lastname@example.org