Right to DMV Hearing After DUI Arrest

Posted by Robert Berglund | May 04, 2018 | 0 Comments

If you are arrested for DUI involving alcohol and the officers have confirmed that you have a blood alcohol content (BAC) of .08 or higher (remember in some situations you can be arrested for DUI even if your BAC is under .08), or they suspect that you will be a .08 or higher (waiting on return of blood test), they will confiscate your California driver's license and issue you a "pink" sheet of paper which serves as a temporary driver's license for 30 days.  This document is titled "Administrative Per Se Suspension Revocation/Order and Temporary Driver License."  If you do not contact the DMV within 10 days of the incident date your license is automatically suspended in 30 days upon expiration of the temporary license.  

In the upper right hand corner of the temporary license is a phone number that you are directed to call to request a hearing.  The number listed is (916) 657-0214.  It has recently been brought to the attention of myself and other DUI attorneys that DMV is unlawfully refusing to grant hearing requests from driver's who have personally called this number.  Rather, the DMV employees are talking the driver's out of scheduling a hearing and/or giving them the run around by telling them to go into a DMV office to schedule it.  When the driver does this, the DMV office employee is unable to schedule the hearing or help them in any manner.  If this happens to you, make sure you document who it is that you spoke with and the date that this conversation was held.  If you are unable to immediately hire a DUI attorney at this time, you should contact your local DMV Driver Safety Office and request a hearing.  You should call and make the request and then fax a letter to the local office as well, including your name and driver's license number.  This must all be done within 10 days of the DUI arrest date.  

If true, the conduct of DMV employees in Sacramento who are engaged in this practice of advising driver's that they cannot schedule their APS hearing is reprehensible and unlawful.  This behavior is so serious that it could result in litigation being commenced against DMV.  Do not allow these illegal DMV actions to affect your rights.  Document your communications with DMV if you choose to call (916) 657-0214.  Or simply contact your local DMV Driver Safety Office first.  Better yet, hire a good DUI lawyer to represent you.  Berglund Law Office, P.C. specializes in representing individuals in DUI cases.  CONTACT our office today.  Do not let the DMV take advantage of you and infringe on your rights.  

About the Author

Robert Berglund

Attorney Robert D. Berglund specializes in representing persons arrested on suspicion of Driving Under the Influence of alcohol or marijuana...


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