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DMV FAQ of St. Augustine Dui Lawyer

DMV FAQ

DMV FAQ of St.Augustine Dui Lawyer

DMV FAQ of St. Augustine Dui Lawyer EQUIRES THAT YOU ACT WITHIN ONLY TEN CALENDAR DAYS (not business days) from the date of your arrest to protect your driving privileges.

Questions & Answers

1. I’ve just been arrested for DUI or drunk driving. What happens now?
Answer
The officer that arrested you is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the Department of Motor Vehicle (DMV). The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results.
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2. At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Answer:
At the time of your arrest or release from jail for a DUI, the police may give you a pink notice of suspension and temporary driver’s license. The DMV could suspend your driver’s license for up to 3 years for a third offense if you refuse a chemical test as a result of your drunk driving arrest. Your license will be returned to you at the end of the suspension or revocation, but you must pay a $125 reissue fee to the DMV and file proof of financial responsibility. However, you may get your driver’s license back if the DMV FAQ of St.Augustine Dui Lawyer finds that there was no basis for taking it.
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3. The officer said I refused to take a chemical test. What does this mean?

Answer:
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. If you did not agree to take a blood or breath test after being requested to do so by a peace officer, you may have to take urine test if:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
Both the blood or breath tests are not available, or
You are a hemophiliac, or
You are taking anticoagulant medication in conjunction with a heart condition.
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4. How does the Order of Suspension and Temporary License work that the officer gave me when I was arrested?

Answer:
The license is temporary and is usually issued on a pink piece of paper. You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
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5. Why do I need to contact the DMV within 10 days of my arrest?

Answer:
You must contact the DMV within 10 days to protect your driving privileges because your temporary license expires 30 days after your arrest. If you contact the DMV in time, your driving privileges will not be suspended before a hearing is held and a decision is made.
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6. What is a DMV “APS Hearing”?

Answer:
In addition to court proceedings, a drunk driving arrest triggers a DMV administrative action to suspend your privilege to drive. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV’s attempt to restrict or suspend your license.
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7. Can I drive while awaiting my DMV hearing?

Answer:
If you or your attorney obtains a “stay” (postponement) of your driver’s license suspension pending the result of the DMV hearing, you may be able to drive before your hearing. But, you must contact the DMV within ten (10) days of your arrest to petition the DMV for your stay.
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8. How do I contact the DMV to request a hearing?

Answer:
The Law Office of Thomas V. Wallin will contact the DMV to schedule the hearing for you at an office closest to the location of your arrest. The firm will advise the DMV that you are retaining an attorney, requesting a stay on your driver’s license suspension, and sending a written request for discovery. The DMV will give you the option of an “in person” or “telephonic” hearing. Requesting a hearing will ensure that that your driving privilege will not be suspended until your case is heard.
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9. What happens at the DMV hearing?

Answer:
A hearing officer will conduct the hearing just like a prosecutor would in a criminal case, but the officer also makes the final decision based on the evidence presented. It will not matter that you need to drive for work or because of a medical or educational need (unless you are under age 21). You may represent yourself or hire an attorney to represent you, just as in a criminal case.

The only issues that will be discussed, by law, at the hearing are:

(If you took a blood, breath or urine test): Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
Were you placed under lawful arrest?
Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?
(If you refused or failed to complete a blood, breath or urine test): Did the officer have reasonable cause to believe you driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
Were you told that if you refused to submit to or fail to complete a blood, breath or urine test after being requested to do so by a peace officer, that your driving privilege would be suspended for one year or revoked for two or three years?
Did you refuse to submit to or fail to complete a blood, breath or urine test after being requested to do so by an officer?
You or your attorney must request documents or police reports in the DMV’s possession in writing before the hearing in order to see the DMV’s evidence. You or your attorney may present oral testimony and other evidence, or file the information in written form.

Although the arresting officer does not have to testify, the DMV may call the officer if it is later determined that his or her testimony is needed. You or your attorney may subpoena the officer or any other witness you feel may help your case. If you decide to represent yourself, you are responsible for payment of any required fees and for making sure your witness receives the subpoena.

If, after hearing the argument of an attorney regarding your license, the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

If you lose at the hearing, you may request a departmental review in writing within 15 days for an additional fee ($150). Or, you may request a court review by filing a writ with the Superior Court within the number of days shown on the bottom of the notice that was mailed to you telling you the results of your hearing.
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10. Can I win a DMV hearing?

Answer:
It is possible to win a DMV hearing. In many cases, there are legal questions concerning the procedure of the arrest that can be challenged, to which the DMV must prove was carried out legally in order to suspend a driver’s license. In addition, DMV statistics for 2001 show that 17% of ALL persons who were suspended for DUI kept their driver’s license simply by requesting a hearing to fight the suspension.

In a license suspension hearing, the DMV has to show that the suspension of your license is justified. Contrary to what the DMV may tell you, it is not your burden to show that the suspension was unjustified — the DMV has the burden of proof to justify the suspension.

The DMV may do this by showing that any person arrested for driving under the influence:

Takes a breath test which shows a Blood Alcohol Concentrate (BAC) of 0.08% or more, 0.05% or more if under age 21, or
Takes a blood or urine test and the officer believes that the driver is at or above the 0.08% BAC, 0.05% if under age 21, or
Refuses to take or fails to complete a blood, breath or urine test of his or her BAC.
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11. What “penalties” can the DMV impose?

Answer:
The DMV has power to revoke, suspend or restrict a licensee’s (driver’s) privilege to operate a motor vehicle in California because of an arrest for DUI. This procedure is separate from the court proceedings in the case, and any “penalty” imposed is in addition to any court penalties.

If a licensee has no prior convictions for DUI and no prior suspensions for a DUI arrest, the period of suspension will usually be four months. However, it is possible to petition the DMV for a restricted license, enabling a licensee to drive to and from work, during the scope of work, and to and from the alcohol program. A Southern California DUI attorney properly experienced in DMV procedures will advise you how best to secure just such a restricted license.

If the licensee has one or more prior convictions for DUI, or “Wet Reckless,” within ten years of the present offense, the DMV will suspend driving privileges for at least one year.

If a licensee is under the age of 21, or has refused to submit to a chemical test, there is a mandatory period of suspension for at least one year.
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12. How do I get a restricted license so that I can go to work?

Answer:
A restricted driver’s license allows you to drive to and from work, during the course and scope of your employment, and to and from an alcohol rehabilitation program. The DMV hearing will not resolve this issue. You can apply for a restricted license only after your license has been suspended at a DMV branch office, not where license hearings are held.
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13. How long will my driving privilege be suspended for not taking the chemical test if I did not request or win a hearing?

Answer:
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test (or a urine test, if applicable):

A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
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14. How is the DMV hearing different from my conviction in criminal court?

Answer:
The DMV has the ultimate jurisdiction over your driving privilege, and thus has the ultimate say over your driver’s license restrictions, suspensions, or action. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
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15. If my license was already suspended by the DMV or it is too late for me to request a hearing, how do I get a license to drive?

Answer:
To reinstate your driving privilege after a suspension/revocation, you must do all of the following:

Finish the complete period of suspension/revocation;
Pay a $125 reissue fee to the DMV;
File proof of financial responsibility by a California Insurance Proof Certificate (SR-22), or prove you are self-insured by making a $35,000 cash deposit, or presenting a surety bond, or self insurer certificate under Section 16430 VC.
Submit proof that you have enrolled in a qualified and appropriate level DUI program, and submit proof of completion when finished; and
You must also continue to maintain proof of financial responsibility for 3 years.
If you enroll and fail to participate or do not complete the DUI program, the department will immediately revoke your restricted license and reimpose the suspension for up to 4 months from the day your suspension began.
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16. How Long Will My License be Suspended if I did not request or lost a DMV hearing?

Answer:
If it was established that you took a blood, breath or urine test and the results shown are 0.08% or more, or 0.05% or more if under age 21 and had no defenses:

First offense: suspended 4 months.
One or more separate offenses in 7 years: suspended 1 year.
If you refused or failed to complete a blood, breath or urine test and did not have a valid defense:
First offense: suspended 1 year.
Second offense in 7 years: revoked 2 years.
Three or more offenses in 7 years: revoked 3 years.
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17. What can happen to my insurance rates?

Answer:
Your insurance company will probably raise your insurance premiums and label you a “high-risk” driver if it finds out you’ve been convicted of DUI. If this happens, you may have to file proof of insurance for three years minimum with the California Department of Motor Vehicles (DMV). Your insurance company will have to provide the DMV with proof of insurance, which removes your license suspension and replaces it with a restriction. Your insurance company is also required to notify the DMV if it cancels your insurance for any reason.

Your insurance company may cancel your insurance at any time because of your DMV FAQ of St. Augustine Dui Lawyer. Your company will send you a notice telling you why your policy was canceled, and you will have to find another insurance company to insure you with a cancellation on your claims history (car insurance is mandatory in California).