My son was pulled over last night and passed his feild sobriety tests but requested a blood draw rather than the breath thing? So they took him to the hospital, drew blood, never booked him, took his license and let him go home with a temporarty 30 day license...i understand the appeal process. How long does it take for DMV to get the details of this? and where can he get a copy of his actual drivers license they took (he only needs a copy? He just got a job and they need a copy of his license. I was wondering if he could just go down to dmv and request a temporary one? He really needs this job.
Criminal Defense Attorney
Go and get an ID card at the DMV for picture identification. The time your asking about, how long does it take, it takes approximately 10 days to 3 weeks for them to receive it. I hope you will speak to a DUI attorney about helping yoi with this, at least to get your questions answered directly.
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Criminal Defense Attorney
Your son should apply for an identification card through the DMV in order to satisfy his employer. More importantly, he needs to request an administrative hearing with the DMV within 10 days of the incident to address the license suspension issue.
I hope your son will be consulting an experienced attorney regarding his arrest. DUI's offer some of the most complex cases in criminal law. There are many defenses available and an experienced attorney can advise him as to which best fits his case. Remember, a DUI is a "priorable" offense, meaning it will stay on his record for 10 years and be used to increase the penalty if he gets a second DUI during that time. If he gets a third or more, they can be charged as felonies. Although first time DUI carries minimal jail/custody time (generally 2-5 days, depending on BAC, which most people serve in an alternative sentencing program like picking up trash), a fine of about $1650, level 1 DUI classes and 3-5 years probation, the stakes are high when you factor in the 10 year priorability.
I offer free consultations as do many attorneys here on Avvo. I hope that you will meet with a few of them so your son can find someone he trusts and can be candid with. If he cannot afford a private attorney, the public defender will be appointed to his case. Whatever he does, he should not go this alone.
DUI / DWI Attorney
The timing that matters is not when the police notify the DMV but the date of the arrest. You only have 10 days from the date of the arrest to notify the DMV. As far as the ID goes get him a California Identification Card.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.