- posted: Nov. 21, 2014
I had planned on writing about Homes/HOA's but as a result of the many calls regarding what to do for July 4th DUI arrests I am revealing the Top 25 DUI Secrets.
When stopped, tell the officer you would be happy to talk and do anything he wants, but your attorney has advised you not to talk without his permission. Ask the officer to contact attorney Dale Gribow (760-565-0533.) for permission to speak to you. They won't call but it gives you an excuse for not talking.
Advise officer your attorney advised you the Field Sobriety Test at the scene is Optional and thus you Elect not to take the FST (walk the line, alphabet etc).
Advise officer your attorney said the Breath test, at the scene, is optional (unless on probation) and you Elect not to take it.
Advise officer you want to cooperate and will take a Blood Test.
Do not talk to anyone other than your lawyer. Remember law enforcement officers and prosecutors are Not your friends. They are doing their job and making a case.
Take down your social media sites. Investigators for both an accident claim and DUI go to Facebook to obtain information on you such as your bragging about your drinking and arrest etc.
Have your attorney call DMV within 10 days to save your license which will be suspended 30 days after your arrest, for 4-5 months, as stated in the Pink slip you were given.
Have your attorney request a STAY, which freezes the suspension after 30 days, so that you have your license until the matter is over.
Have your lawyer send a confirming letter to DMV re the hearing date. It is well known that when DMV tells you "you will be contacted later that something will go wrong.
Even if you did not receive a Pink DMV paper from the officer when they snatched your license, the DMV will take action against your driving privileges.
For out of staters, the officer should not take your license. Your state may also take action against your driving privileges. With computers there is now communication by most state computers and this sharing of information has made things more difficult for the convicted drunk driver.
The White Temporary Driver's License is only valid for the time listed on the paper license. If you did not receive this paper, you or your lawyer should contact DMV to get this Temporary license.
When you go to DMV purchase a copy of your driving record and request a DMV Identification card which you will need during this process.
Do not confuse the pink temporary license date with your court date.
There are issues of constitutional rights at most hearings if you completed a chemical test. If you refused a test, that will be used to prove guilt. You must explain refusals to win. Do not try this alone as hearing officers are both judge and prosecutor and are trained to cross examine you.
Remember the DA has the burden of proof to prevail on all issues or refusal matters. If the DA meets the burden of proof on only part of the issues, you win as set forth by the law.
All your attorney has to do is knock out one issue to save your license with DMV and you then avoid the harsh civil penalties of DMV.
A DUI creates 2 separate proceedings to address- the court and the DMV hearing. The outcome of one does not necessarily affect the other. When DMV suspends your license, it is for a 4 month period. If you ask for a restricted license, it is for 5 months.
Sometimes a court plea is entered before the DMV hearing. Even though the court does not suspend your license as part of the plea, when the court notifies DMV in Sacramento then Sacramento's DMV will notify you of your license suspension. You must attend DUI classes, file an SR22 and pay a reissuance fee to get your license back.
The DMV paper is an Order of Suspension for 6 months. However unlike a San Bernardino DMV Hearing Suspension, you can apply right away for a restricted license by paying $55 to reissue a license and $15 for the restricted license and show proof of DUI class enrollment. This DMV action is triggered by the court plea.
The DMV hearing normally takes place before the court hearing is concluded will in most cases result in an unfavorable ruling. If you lose the DMV hearing your license is also suspended as discussed above. However if the DMV Hearing takes place before the court plea or trial you must wait 30 days before requesting a restricted license as discussed above.
At a DMV hearing there are only 3 issues after you completed a Blood or Breath test. They are set forth on the back of the DMV paper you received. The main issue is whether the officer had probable cause to stop or contact you and whether the chemical test is beatable.
The DMV hearing is a PER SE Hearing and if you have a .08 or higher you are per se guilty in their eyes. The burden of proof then, in essence, reverts to the driver to prove they were not guilty.
We normally do not want our client at the DMV hearing, though they have a right to be there. Most DMV hearings are arguments over evidence, not facts. If the driver is present the hearing officer can call them to testify under oath, over our objection. The hearing is taped so the driver's statements can be used against them in a court trial. Pleading to the hearing officer for your license because you have never been arrested before or because you are a wealthy philanthropist, who has never had a ticket, will do no good. The hearing officer may pity you but they will still take your license. Hearing officer have no authority to "plea bargain" or deviate from the statutory penalties.
The DMV hearing is an Administrative hearing and thus does not follow the same rules that we follow in the courtroom. DMV usually wins way over 90% of the hearings.
Remember, When you drink don't get behind the wheel and be involved in an auto accident (whether it is your fault or not) or get arrested for a DUI...I don't need the extra business.