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Save your license!

A skilled DUI defense lawyer can, in many cases, beat the suspension at a hearing (even if the BAC is very high). The fact is, many 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.

 

 

 

Save Your License

CALIFORNIA DUI ARRESTEES HAVE ONLY 10 DAYS AFTER ARREST TO SAVE THEIR LICENSES.

If you have been arrested for DUI in Santa Barbara, 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 do NOT make the notice within the first 10 days:

1. Your privilege to drive in California will be impacted for at least 4 months

2. An absolute driving prohibition lasting 30 or more days will kick in on the 31st day after the arrest

3. You will have no opportunity to contest the legality of the suspension

4. You will not be able to get an extension on the effective date of the suspension

5. You will, at least, have to take the 3 month DUI first offender class (which costs at least $637) and possibly a longer class

6. You will have an auto insurance company file proof of financial responsibility with the department (aka initiating a 3 year SR-22 or "high risk" auto 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:

1. If you keep a copy of the letter or fax confirmation, you will have written evidence of the communication, and its contents, in the event that the Department loses the record of your telephone call

2. You will be more likely to be understood as requesting not only a hearing, but a stay

3. 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.)

While it doesn't hurt to mail a letter Certified with a return receipt requested, notifying the DMV by fax is a good option. You should consider that the mail may not arrive for several days and you don't want to end up arguing with the DMV about the date you actually sent them the notice. 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.

Call us now at (805) 892-4922 for a free, no obligation consultation, or email us at attorney@santa-barbara-dui.com.

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140 East Figueroa Street Santa Barbara, CA 93101 | Phone: (805) 892-4922
Copyright 2007 - 2014 Law Offices of William C. Makler, P. C.

DISCLAIMER: This is an advertisement. The material on this website is provided solely for informational purposes and does not create a business or professional relationship. The Attorney is only licensed to practice in the State and Federal Courts in California and, therefore, may not practice law, nor give legal advice to persons facing legal problems that bear no relation to California. No Attorney-Client relationship will be formed absent a written contract signed by both parties which describes, in detail, the limited scope of the relationship. Readers should not act upon information contained in this material without professional legal counseling. No visitor to this website should impart confidential information through the website unless and until the attorney confirms in writing that there are no conflicts of interest and that the attorney requests additional information. Accordingly, if you are desirous of a consultation with the attorney, please disclose your full legal name. No attorney-client relationship will be formed absent a written retainer agreement that is signed by the lawyer and the client, and that defines the scope of the representation.