When an arrest for a DUI has taken place, the arresting officers typically “snatch” the person’s driver’s license and provides them with a pink piece of paper, known as the Temporary License (DS 367). The importance of this is that the arrested person has 10 days to contact the DMV to schedule an Administrative Per Se Hearing (APS Hearing). This is an extremely valuable hearing, in that a victory at this hearing could result in no suspension of the driver’s license. Additionally, it provides an opportunity to question the witnesses in the case, such as the arresting officers. The transcript of this proceeding could then be used in Court to help negotiate the DUI case with the prosecutors.
If you fail to contact the DMV within 10 days, your license will automatically be suspended, according to the penalties below. This is why our office encourages you to contact us IMMEDIATELY!
Many attorneys, especially those who are not really DUI lawyers, find the DMV hearings to be pointless – this is a mistake! It can be useful, as long as the DUI lawyer knows how to use the process to his or her advantage. We will fight both the DMV and the Court case, allowing you to continue to drive until a ruling from our APS Hearing, and possibly saving your license from any suspension at all!
Typical License Suspensions are as follows:
- First Offense Over 21: 4 (four) month suspension, eligible for a restricted license after 30 days
- First Offense Under 21: 1 (one) year suspension
- First Offense Refusal: 1 (one) year suspension
- Second Offense within 10 Years of a DUI Conviction or DMV Suspension for DUI: 1 (one) year suspension
- Second Offense within 10 Years of DUI Conviction or DMV Suspension for DUI, with a Refusal: 2 (two) year suspension
- Two or More Convictions and/or DMV Suspensions for DUI within 10 Years: 1 (one) year suspension
NOTE IF UNDER 21:
The DMV may take action against a licensee who is under 21 years old if the person had a BAC (blood alcohol content) of .01 or higher. That is why it is important to have the under 21 case handled properly.
Why Us? There are many things that need to be done to accurately, thoroughly and aggressively defend someone in a DUI case (such as checking the accuracy of the breath testing machines used, retesting the blood sample if one was provided, examining the police officer’s radio transmissions to test the accuracy of their reports, visiting the scene or checking maps of the arrest location, checking the location where the field sobriety tests (FSTs) were conducted), and our office will do all that we can while we fight for your rights!
Do not just plead guilty to “get it over with”. You have rights – and a DUI conviction can be detrimental to your professional career and personal rights. Hire a lawyer that truly cares and can fight for you! We are here for that reason!