Cops Dropped DUI Charges but DMV Has Not

[Who'sThatGuy]

And just so you know.

The next refusal gets you a two year license suspension and the next one after that is three years license suspension...

[renelovesnike]

Thanks for the imput and help guys!! dont worry i learned from my mistakes and am not gonna need to refuse a test ever again since its not worth drinking and driving!

and for the sheriff thanks on your imput and im sure things could have turned out worse for me from my decisions so i am a lucky duck if youd like to call me that! LOL

[sandiegodui]

What your California DUI - DMV Attorney must do within 10 days of being arrested


10. Since you need to save your driver's license or driving privileges, your California DUI attorney has only ten (10) calendar days to contact DMV!

Please do not schedule yourself because if you contact San Diego DMV to schedule a date conflicting with your San Diego California DUI lawyer's calendar, DMV will not reschedule and you may not get the San Diego California DUI attorney of your choice. There is no rush as long as your San Diego California DUI lawyer contacts DMV by the 10th day from your arrest.

9. The 10 calendar day time limit is counted from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If the time is almost over or you are late, contact a San Diego California DUI attorney ASAP.

8. The ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received from the San Diego California DUI officer.

7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges. Do not take any chances.

6. Even if you have a license from another state, and even if the San Diego California DUI officer did not take your license, that state may also take action against your out-of-state license or California 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 by your San Diego California DUI lawyer 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. Please do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date! The DMV and San Diego California DUI criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the San Diego California DUI 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 San Diego California DUI court date, this may just be a dangerous coincidence. There usually are months before your San Diego California DMV hearing takes place.

3. There are three (3) issues at the San Diego California DMV hearing if you completed a San Diego California drunk driving chemical test. (See reverse side of DMV paper.)

Issues include whether the San Diego California DUI officer had probable cause to stop or contact you and whether the San Diego California DUI chemical test evidence is objectionable, admissible, trustworthy and/or reliable.

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, your San Diego California DUI lawyer wins for you!

1. All a San Diego California DMV attorney has to do is knock out one (1) DMV issue (or requisite sub-issue) to save your license & you may avoid any reissue fee and/or Proof of Insurance SR-22 certificate filing!

[tc498]

I saw a lawyer say someone should refuse the test on a blog somewhere,they didn't mention it an automatic license suspension. I would speak to a lawyer about the dmv,the refusal is probably gonna cost u the license. I think drawing blood on people should be unconstitutional,your extremely they didn't force you to draw blood or add more charges.

[flyingron]

Sorry TC. It's pretty much automatic. You can request the hearing, but barring some evidence that you didn't actually refuse. there's no discretion. Whether you were convicted or even charged with DUI is immaterial.

You're not going to win on the constitutionality of the chemical test. You consented to that when you got your license.
Further being compelled to allow the collection of evidence doesn't fall into the protections on self-incrimination.