Ten important facts regarding your Driver's License

 

Do you want to get an idea how Mr. Moore defends his clients against the APS  DUI drivers license suspension? click here: Winning Defenses Against License Suspension, California State Bar presentation materials for 2002 State Bar Convention by DUI Attorney Randy Moore. Attorneys statewide attend to hear from the expert.  

 

One.
If you need to save your driver's license or privileges, you or your attorney have only ten (10) days to contact the DMV! Otherwise the DMV says the suspension will take place in 30 days without a stay of suspension pending hearing.

Two.
The ten (10) day time limit is computed from the Issue date of the ORDER OF SUSPENSION / TEMPORARY DRIVER'S LICENSE ENDORSEMENT. If time is running out or you are late, contact an attorney ASAP.

Three.
ORDER OF SUSPENSION/TEMPORARY DRIVER'S LICENSE ENDORSEMENT is the pink California DMV paper (called a DS 367-2 ).
If you are under age 21, the DMV paper is slightly different.

Four.
Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.

Five.
Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.

Six. Your TEMPORARY DRIVER'S LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date. 
 If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY LICENSE will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

Seven.
Do not confuse this initial 30 day TEMPORARY DRIVER'S LICENSE with your court date! The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER'S LICENSE is good "until the court date"(See driving on a suspended license penalties). It can be months before your DMV hearing takes place.

Eight.
There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Nine.
The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on only two (2) issues, you win!

Ten.
All your attorney has to do is knock out one (1) DMV issue to save your license. You may avoid any reissue fee and/or Proof of Insurance SR-22 filing!

I've just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $100.00 reissue fee to the DMV and you file proof of financial responsibility. If it is determined that there is not basis for the suspension or revocation, your driver license will be issued or returned to you.

The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified.

For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

  • A first offense will result in a 4-month suspension.
  • A second or subsequent offense within 7 years will result in a 1-year suspension.

If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

  • The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
  • Both the blood or breath tests are not available, or
  • You are a hemophiliac, or
  • You are taking anticoagulant medication in conjunction with a heart condition

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 7 years will result in a 2-year revocation.
  • A third or subsequent offense within 7 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 7 years will result in a 2-year revocation.
  • A third or subsequent offense within 7 years will result in a 3-year revocation.

    How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

    The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

     

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