Dui Over July 4th Weekend?
Feb. 6, 2015
If you were unlucky and got arrested for a DUI over the July 4th weekend then remember you do not just have to appear in court on the date on the yellow citation you were given when arrested. You also have to deal with the Department of Motor Vehicles. An arrest for a DUI kicks in two separate proceedings…….the Court and a DMV hearing.
A DMV administrative per se hearing presumes a driver is per se under the influence if the DUI CHEMICAL RESULTS (PAS aka Preliminary Alcohol Screening or Blood test), show the driver to be .08 or higher. If you are stopped for a possible DUI, in order to save your California Driver’s License or driving privileges, you must request a DMV hearing within TEN (10) DAYS. You should also REQUEST A DMV IDENTIFICATION CARD at the same time as you will need some form of proof with a picture during this process!
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 Administrative Per Se form. This is true whether you have a California Driver’s License or an out of state driver’s license. The Administrative Per Se/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 took your license. It gives you the right to drive for 30 days before your right to drive in California is suspended for 4-5 months.
This Pink Temporary Driver’s License Endorsement is good for only 30 days from the issue date. 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 requesting a stay, you receive a white piece of paper which is a Temporary Driver’s License via mail…and it will be sent to the address on your license. It is only valid for the time listed on the paper.
Most arrestees do not realize that a DUI creates 2 SEPARATE PROCEEDINGS that both must be addressed and not confused. One is the Court and the other is the DMV administrative per se hearing. The outcome of one 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 DMV 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 DMV in Sacramento called an Order of Suspension. The Order of Suspension is for 6 months.
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.