Save
your license!
 If
you have been arrested for DUI in California, most likely the police
officer who arrested you seized your physical license and mailed
it to the Department of Motor Vehicles with a document that will
result in the suspension of your driving privilege effective 30 days
subsequent to your arrest. The pink sheet which is likely crumpled
up in your wallet or purse states in eight-point type that you have 10
days to request departmental review. This occurs when you
request a hearing on the legality of the suspension, and a stay (i.e., "extension")
of the effective date of the suspension.
If you fail to make the required notification within 10 days, then:
- Your license will be deemed suspended for at least six months;
- An absolute driving prohibition lasting 30 or more days will
kick in on the 31st day after the arrest;
- You will have no opportunity to contest the legality of the
suspension;
- You will not be able to get an extension on the effective date
of the suspension;
- You will have to take the 31.5 hour DUI first offender class
(which costs at least $534); and
- You will have to file proof of financial responsibility with
the department (aka an SR-22 or "high risk" insurance
policy).
Most people who are made aware of the above consequences elect to
make the notification. We will be happy to notify the DMV for you.
It's free, and doesn't obligate you to hire us. Simply contact
us to make arrangements.
You can also notify the DMV yourself. While you may do so by calling
the DMV Driver Safety Office nearest the location of the arrest,
it pays to make your request in writing for the following reasons:
- You will have written proof of the communication, and its contents,
in the event that the Department loses the record of your telephone
call;
- You will be more likely to be understood as requesting not
only a hearing, but a stay; and
- You may clearly state your request for discovery (e.g., the
police report and notice of other evidence which the department
intends to produce to prove their case at the hearing).
The method many people use is to fax the form in. That way you can
be certain that the DMV actually receives the notice right away.
While it doesn't hurt to mail Certified with a return receipt  requested
as well, the mail may not arrive for several days and you don't want
to end up arguing with the DMV about the date of notification. If
you choose to fax your notice, make sure that your fax machine's
date and time are correct, and that you generate a printed confirmation
that the fax was received successfully.
Once you have notified the DMV, you will most likely want to obtain
representation at the DMV hearing. See the box at right for more
information. |
Page Mr. Makler
(24/7)
Alternatively, call 866-HELP-DUI or send an email to attorney@santa-barbara-dui.com. All communications are both confidential and privileged. |
Sample forms
If you would like to notify the DMV yourself, you may use this
letter, which is a Microsoft Word form that you can fill out
and fax to the DMV. If you cannot access this document, use this
annotated sample of a completed notice to create your own notice.
This document requires Adobe Acrobat Reader, a free program you can
get here if
you don't have it already. The list of DMV Driver Safety Offices
can be found here.
Use the office nearest the location of the arrest. |
DMV hearings
A skilled DUI defense lawyer can, in most cases, beat the suspension
at a hearing (even if the BAC is very high). The fact is, most police
officers and health professionals who are involved with the collection
and testing of blood and breath for alcohol are either poorly trained
in this regard or choose not to apply their training in certain important
respects. Whatever you do, don't try to judge what your chances of
success are at a DMV hearing on a DUI-related suspension. You should
talk with a lawyer who frequently represents people at DMV hearings,
and wins, before the initial 10 days have lapsed. If you are in need
of legal representation at a DMV hearing, please contact
us to make arrangements. |
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