10 Days for your San Diego DUI – DMV Lawyer to request Hearing
10. You need to drive. Your San Diego DUI lawyer is given just 10 calendar days – from your arrest date – to request a DMV driving privilege hearing!
No need to hurry. Your DUI lawyer gets all 10 calendar days from arrest date. Haste could hurt. Risky. If you call DMV too soon, and later hire a lawyer who already has another legal matter scheduled on the same date, the DMV may not continue the hearing date. Tip – hire DUI lawyer first during the 10 days.
9. This 10 calendar day time limitation begins by counting from the Issue date of the pink DMV SUSPENSION ORDER. If the time is almost over or you may be late, call a San Diego DUI lawyer now.
8. An ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the pink California DMV paper which you were supposed to get after your arrest for DUI/Driving with .08% or more.
7. Just because you somehow did not actually come into possession of this pink DMV paper, does not mean DMV won’t suspend. Do not take any chances – “lawyer-up.”
6. This applies to Out-Of-State license holders. Cops do not have to take your state license. It is the “privilege” to drive in California that DMV is trying to go after.
5. The pink ORDER and TEMPORARY DRIVER LICENSE ENDORSEMENT is good for 30 days from the issue date. Once you retain your lawyer, DMV can be asked to extend the 30 days.
4. Never confuse the 30 day TEMPORARY with the actual date for your first court appearance! DMV and San Diego criminal matters are independent from each other. Don’t trust any cop who casually suggests your TEMPORARY is good until your court.” One has nothing to do with the other. Beware as sometimes the arraignment date is coincidentally close to the end of the 30 days.
3. There are three (3) issues at the complicated .08% DMV hearing if you completed a blood test or breath test at the police office or jail. (Pink DMV Order, back side.)
The DUI cop must have had legitimate PC to come into contact with you. The documents must be legally admissible. DMV requirements must be met. The list goes on.
2. You do not have to prove anything. Full burden falls on DMV to legally establish all issues and necessary sub-issues. If DMV falls short on any issue, you win.
1. Once your DUI lawyer prevails on any 1 DMV issue (or requisite sub-issue), you save your driving privilege!
If you wish to contact California DMV regarding your eligibility to drive after a DUI arrest, including reinstatement or a restriction, call California DMV Mandatory Unit in Sacramento at (916) 657-6525. Please be the most patient you have ever been. It is probable you will not get through right away. Do not give up, even if the line is busy or you are hung up on. If you get through, you may get different information than provided by another DMV employee. For various California DMV communication problems, check out this post.