- posted: Apr. 10, 2023
Well, maybe held up is too strong a term, but many of you or a friend or family member may be TEMPORARILY DETAINED by Indio’s finest, upon entering or leaving Coachella or Stagecoach. Be careful so don’t have a conversation with the men and women in a black and white who may invite you to return to the CV for a less pleasant visit to the Indio Court …to “discuss” your DUI arrest or accident.
Be mindful that a DUI arrest kicks in two separate proceedings…….the Court and a DMV Suspension 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 driving etc., and that the driver was 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, that looks like a CDL. You will probably need some form of ID with a picture during this DUI 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… or more since Covid. 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.