CALIFORNIA DMV LICENSE ACTION
If you have been arrested for DUI-driving under the influence, you must take immediate action to protect your driving privilege. The California Department of Motor Vehicles (DMV) will suspend your driver's license for a four (4) month period or longer depending on circumstances such as prior convictions and other aggravating facts.
After a person is arrested for DUI-driving under the influence, the law enforcement officer confiscates the California driver’s license and issues a (Pink) Temporary License/Order of Suspension at the time of release from jail. The (Pink) Temporary License/Order of Suspension expires 30 days from the date issued unless immediate action is taken. The (Pink) Temporary License/Order of Suspension states:
"YOU HAVE 10 DAYS FROM RECEIPT OF THIS NOTICE TO REQUEST A HEARING TO SHOW THAT THE SUSPENSION OR REVOCATION IS NOT JUSTIFIED"
If a timely request is made, the suspension of the driving privilege may be stayed until the final determination of the DMV Administrative Per Se (APS) hearing. The DMV action is independent of the criminal court case resulting from the DUI- driving under the influence arrest. If the arrested person fails to request a hearing with the DMV within the 10 day time period, generally the right to a hearing is waived and the DMV will suspend or revoke the driver license.
If you are now at the 10 day limit, YOU MUST call the DMV Driver Safety Office immediately to request an in-person hearing. If you were arrested in Riverside or San Bernardino County, the DMV Driver Safety office to call is: San Bernardino Driver Safety (909) 383-7413 Fax: (909) 383-7439.
Other DMV Driver Safety offices are as follows:
Southern California:
City of Commerce (323) 724-4000 Fax (323) 724-9262
El Segundo (310) 615-3500 Fax (310) 615-3581
Irvine (949) 440-4416 Fax (949) 440-4424
Oxnard (805) 488-0863 Fax (805) 271-8174
San Diego (858) 627-3901 Fax (858) 627-3925
Van Nuys (818) 376-4217 Fax (818) 376-4215
Northern California:
Fresno (559) 445-6399 Fax (559) 445-6379/6396
Oakland (510) 563-8900 Fax (510) 563-8951
Sacramento (916) 227-2970 Fax (916) 227-2901
San Fransisco (415) 557-1170 Fax (415) 557-7375
San Jose (408) 229-7112 Fax (408) 229-7128
When you call DMV Driver Safety, give the clerk your name, driver license number, and all other information they request. Advise the DMV clerk that your attorney will be contacting them to schedule the date for the hearing. Be sure to request a “Stay” of the action against your license and be sure to take notes of your telephone conversation with the DMV clerk and write down the name of the clerk you talked with, the date, and the time of your call.
To request a DMV hearing, you must call the DMV Driver Safety Office and not a DMV Field Office (where you normally transact business with the DMV).
Many drivers arrested for DUI believe that if their blood or breath alcohol test was 0.08% or more they will automatically lose their license, THIS IS NOT TRUE! There are many defenses which can result in the DMV action against your driver license being set aside. The key is hiring an experienced and knowledgeable DUI-Driving Under the Influence defense attorney. If you do nothing, your driver license will be suspended or revoked.
The DMV Administrative Per Se action and its procedures are complicated. It is in your best interest to hire DUI-Driving Under the Influence defense attorney Manuel J. Barba prior to contacting the DMV for a hearing. Attorney Manuel J. Barba will contact the DMV on your behalf and schedule your DMV APS hearing and take the necessary steps to make sure that your case is defended. In addition, attorney Manuel J. Barba will coordinate your DMV case with the defense of your criminal court case.
DUI-Driving Under the Influence attorney Manuel J. Barba is a member of the National College for DUI Defense, California DUI Lawyers Association, California Attorneys for Criminal Justice, California Public Defenders Association, and the National Association of Criminal Defense Lawyers. Mr. Barba has also attended the National Criminal Defense College in Macon, Georgia.
Attorney Manuel J. Barba is also a qualified Standardized Field Sobriety Test Instructor having completed the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP) DWI Detection Standardized Field Sobriety Testing Instructor Program.
Attorney Manuel J. Barba is dedicated to providing his clients with personal service as well as high quality and affordable DUI-Drunk Driving defense representation.
Call today for a free consultation Toll Free: 1-866-442-2722