Why should I request an administrative per se DMV hearing on a DUI?
Jan. 8, 2015
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), show the driver to be .08 or higher. Thus 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 Endorsement: i.e. 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 requesting 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.
Many clients 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 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 and request ask 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.
DON'T DRINK AND DRIVE, CALL A TAXI.........IT IS A LOT CHEAPER THAN HIRING ME!
Dale Gribow has been "Rated" TOP LAWYER by Palm Springs Life Magazine from 2011-2019 and has a Superb AVVO Legal Rating by his fellow attorneys. Dale Gribow has been Man of the Year 7 times including the City of Palm Desert and the City of Hope and Dale Gribow Day has been declared 4 times. He is the only attorney appointed in December 2013 to the Coachella Valley Association of Government's Public Safety Ad Hoc Blue Ribbon Committee addressing Drunk Driving. This group consists of the police chiefs from every city and the mayor of each city as well as the Sheriff of Riverside County and the head of the CHP and Border Patrol. In addition Gribow is the only attorney asked to be part of the Clinton Foundation's Clinton Health Matters Committee addressing Drunk Driving. Gribow is also one of the founders of Shutdown Drunk Driving formed upon the death of his client who was recently killed by a drunk driver while jogging.
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at his NEW number 760-565-0533.