In this article, DUI Defense Lawyer discusses California DMV hearing: 10 Day Rule. Click on the links below to go directly to your topic of interest.
- Introduction to the California Law
- What is “10 Day Rule” after DUI Arrest?
- What to ask the DMV after DUI Arrest?
- What would happen if I ignore “10 Day rule”?
In California, if you are arrested for a DUI, the arresting officer may confiscate your driver’s license and start the suspension process. If you are holding a driver’s license from another state and are a non-resident of California, a police officer does not have “jurisdiction” over your driver’s license and can not confiscate it. Yet, even if you are a non-resident, the police officer can start a “California suspension process” by issuing a form titled “DS 367”. Because drivers’ licenses are an area of the law which has been deemed reserved to the states under the U.S. Constitution, an affected individual cannot look to Federal/U.S. law for relief but must stay within the State Court System to resolve driver’s license issues. Often, the ability to drive is critical to maintaining a job or going to school. A DUI conviction can not only result in jail time but can also cause other consequences, such as loss of license, installation of ignition interlock device, community service and monitor punishment from payment of high fines to the court to increase in auto insurance rates. If you are charged with a DUI you should retain the services of a DUI lawyer to guide you through the DMV and court process, to have someone defense you aggressively and to maximize the best outcome.
Upon a DUI arrest, California residents and other people who have California driver’s license are provided a form that explains these rights. The form gives all the rights a person has under the California law including a right to have a hearing. The right to have a hearing expires within 10 days of arrest and once it expires, it is very hard to get it back. The right to a hearing can be started with a phone call, so do not loose that right and contact Los Angeles DUI attorney right away. After much litigations, most driving license issues are reserved to the DMV and are now outside of the power of the court.
A hearing with the DMV can be requested by contacting one of hearing offices within the DMV or contacting mandatory action unit with the DMV. During the DMV hearing the DMV will use the form “DS 367” to establish 3 things – first, that the persona was legally stopped, 2nd that the person was legally arrested, and 3d that at the time of driving, the person’s blood alcohol level was above the legal limit.
At the time of placing a hearing request, you should also ask for a stay of suspension if having a license is important to you right now. By staying the suspension, you are allowed to continue to drive while the hearing is pending. Often it is important even if you don’t have a good case because it allows you to coordinate suspension with the time of year most used for driving.
If you ignore the right to request a hearing within 10 days of arrest, your license will most likely be suspended 30 days after the arrest. Most of the times, the suspension is automatic because the hearing officers don’t look for a way to help you. The times you are able to avoid a suspension is when the DMV has an attorney present to point out the defect in the People’s case. Without the hearing, your license will be suspended in 30 days and you will have to go through an often lengthy process to get it back. The DMV takes a position that a driver’s license is a privilege and not a right and therefore the procedure to keep a license are turned against a driver. You will need a help of a professional to fight for your license. Call our office to immediate talk with a DMV attorney who can help you defend your case.
If you have any questions, call (818) 921 7744 directly to DMV attorney, who can help you defend your case!
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