What happens to your license when you get a ticket and taken to jail for a d.u.i?

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Do you automatically have a suspended license or do you wait until your court date?

Attorney Answers

3
George Mueller ·
0. If you need to save your driver's license or privileges, your San Diego DUI defense attorney has only ten (10) calendar days to contact DMV! 9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a San Diego DUI defense lawyer today. 8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received. 7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges. 6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges. 5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date. If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined. 4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date! The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place. 3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.) Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable. 2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win! 1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!
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Michael Norton ·
Your license is automatically suspended if you do nothing. You MUST call the DMV within 10 days of receiving your ticket and request a hearing. They will grant you a temporary license until the date of your hearing. If you win your hearing then your license is reinstated. If you lose you may have a chance to appeal but there must be a legal grounds for the appeal to be granted. Call the DMV now or your license will be suspended.
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Edward Blum ·
NO. You are given a pink form (DS 367) this is a 30 day temporary license. If you call the DMV within 10 days of the arrest and ask for a hearing you will be given a temporary license that is good until the DMV case is concluded. For a first time DUI the DMV can suspend your license for 4 or 5 months. You can get a restricted license after 30 days hard suspension. Edward J. Blum (213) 479-5322
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