When you are arrested for a DUI, your California driver’s license is in jeopardy and you are likely to have your driver's license suspended. Failure to contact the local Driver Safety Office within 10 days will result in a driver’s license suspension or revocation due to the drunk driving charge. Therefore, it is extremely urgent to contact a DUI lawyer to help you avoid a license suspension.
After a DUI investigation when it is believed the driver has alcohol in his or her system, the officer will confiscate the California driver license and issues a pink piece of paper, entitled “Age 21 and Older Administration Per Se Suspension/Revocation Order and Temporary Driver’s License” (or DS-367).
This form is the official notice from the Department of Motor Vehicles concerning the driver’s license. Once police seize the driver’s license, officers must give a copy of this document in order for drivers to be advised their rights.
The DS-367 form serves two purposes:
1) It is a temporary license, and will serve as the driver’s temporary license and it expires at midnight 30 days from the issue date of order. If the person does not have a license because it is expired, suspended, canceled, revoked or denied, the form does not validate their license.
2) It serves to act as notice of suspension or revocation. When a driver is served with the DS-367 form, the driver only has ten (10) calendar days to contact DMV in order to request an administrative hearing, which is called a Driver Safety Administrative Per Se "APS" Hearing.
For more information regarding DMV after a DUI arrest, please see the FAQ at DMV. In order to protect your driver's license, you are required to contact DMV within 10 days. You have first ten days of your arrest to request a DMV administrative hearing from the DMV, or your California driver's license will be in danger of suspension or revocation.
By requesting a DMV hearing, you have a greater chance of keeping your license. To save your license, you should contact an attorney's office immediately to have the DUI lawyer request the hearing for you.
However, if you are unable to contact an attorney within 10 days, please complete and fax the Request for DMV Hearing to the appropriate DMV Driver's Safety Office.
Starting in 2019, an ignition interlock device (IID) may be required if you receive a DUI conviction. DMV will also allow you to keep your license and avoid a suspension if you install the IID before your license license goes into suspension.
Although installing an IID is an additional expense, it may save you money so that you can drive without restrictions. By avoiding a suspension, you do not have to worry about receiving a suspended license ticket.
In order to keep your license, you must do a number of requirements and it requires you to be proactive because you do not have much time to complete those requirements.
For more information regarding an IID, please click here, and then contact an experienced DUI lawyer immediately so we can devise a plan that will keep you driving.
The scope of the hearing is limited to the following issues:
If there is a refusal DUI, the following issue will also be decided:
After the DMV hearing officer receives all the evidence, a decision based on a preponderance of the evidence standard is made.
The hearing officer does not make a determination at the time of the hearing. Instead, the hearing officer will write a decision and mail it to the driver.
If the suspension is justified, the suspension will go back into effect.
If the DMV does not find there is sufficient evidence, the suspension will be set aside and the license will remain valid.
Sometimes, drivers that are facing suspensions due to driving under the influence believe it is futile to request a DMV hearing because they believe the license will be suspended anyway.
However, a demand for a APS hearing though DMV should always be done because there are several advantages when a driver is given a hearing to determine if your license should be suspended. Some of the benefits include:
Our law firm understands how to fight at DMV hearings. We know the law and can effectively defend your case at your Administrative Per Se Hearing. You have only 10 days from the date of your arrest to contact the DMV, so don't wait to contact a DUI attorney.
In the event that you are facing a DUI, contact us to obtain a an appointment at no charge to you so we can discuss your DUI case. By getting in touch with us, we will ask for an APS hearing for you for free. Don’t wait, call today in order to save your driver’s license!