In California, if you are arrested for driving under the influence (DUI), there are two processes that will be going on. First, the Department
of Motor Vehicles (DMV) wants to
suspend your driving privileges in California. Second, the State of California wants to punish you by
incarcerating you for a maximum of 6 months in jail for a first-time DUI,
plus a sizeable fine.
If you possess a California Driver’s License (CADL) and are arrested
for driving under the influence, the police officer will normally take
your CADL and give you Temporary Driver’s License (TDL), which is
good for only 30 days. This particular DMV Form (DS-367) is usually pink
and states that your CADL will be suspended after 30 days
unless you contact the DMV within 10 calendar days.
If the police confiscate your CADL, our team here at the Law Office of
Ivan O.B. Morse suggest you obtain a California Identification Card issued
by the California Department of Motor Vehicles as soon as possible.
If you are an out-of-state driver and you get arrested for a DUI, the police
normally will not confiscate your driver’s license. However, the
police will give you the pink DMV Form DS-367 that states you must contact
the DMV within 10 calendar days, or your driving privilege in the state
of California will be suspended in 30 days.
Act Quickly & Don’t Take All the DMV’s Advice
We have had many cases where a driver arrested for an alleged DUI and will
go to a local DMV office and advise the clerk that they were arrested
for a DUI. After showing the clerk the pink DMV form, many times the clerk
will advise the person that they can wait until the criminal case is heard.
The criminal case is normally 30 to 60 days after the arrest, though.
This is contrary to the DMV notice that states they must contact the DMV
within 10 calendar days — and it is therefore
not usable advice at all.
The DMV Notice (DS-367) given to you by the police officer states
you must contact the DMV within 10
calendar days after your arrest
schedule a hearing. 10 calendar days means
every day counts, not just weekdays. If you contact the DMV and schedule a hearing, you
will be given a temporary license until the hearing takes place. If you
don’t contact the DMV in that time, your temporary license given
to you by the police at the time of your arrest will be suspended after 30 days.
You may either call the DMV — the right phone number should be on
the pink form — and/or fax a 10-day notice requesting a hearing.
If the Department is unable to schedule the hearing within 30 days, ask
the DMV to send you a temporary license and proof that a stay is in place
for your driving privilege in California. While you are communicating
with the DMV, please request that they send any and all documents that
it plans to use in its case in chief.
You are entitled to receive all information including:
- Police reports
- Your alleged blood alcohol concentration (BAC) at the time of driving
- All field sobriety tests (FSTs) conducted
Once you receive discovery, you are entitled to subpoena including but
not limited to MVAR’s, the dashboard-mounted cameras used in many
police cruisers, as well as chemical test information.
All of the forgoing are important to use in defense of whether or not you
were under the influence at the time you were driving. This is a complicated
process and we advise you contact a criminal defense attorney in your
area for support, guidance, and representation.
Need a defense attorney in Dublin? Call
888.865.0741 to connect with our law firm. We are known for our thoroughness with handling
DUI cases, including obtaining discovery and subpoenaing necessary information
to best protect your rights and privileges.
Attorney Ivan Morse
is a former Oakland police officer with extensive experience handling DUI
cases from the other side of the legal system. Let his background become
your advantage – contact us