I would like to know what is most likely going to happen to me and my license after getting my first DUI a couple days ago.

I know you want all the answers to your case in one easy step, but every case is unique. If you retain an attorney to represent you in the DUI case (and you should if you want any chance to get anything but a conviction for DUI), they can also handle the DMV hearing for you. You only have 10 days from the date of your arrest to request a hearing or your license will be suspended, no questions asked.

There's no way any attorney here can tell you what may happen, what defenses you have or what options are available to you without an in-person consultation. Much depends on how the police report reads, including any statements you made to the officers. Most, if not every, criminal defense attorney will offer a free consultation. I'd suggest setting up appointments with a few to see who's a good fit with you and your case.

You can enhance your chances of success and possibly save your license by using a lawyer who is familiar with these proceedings. Going alone you have almost no chance of prevailing before a DMV hearing officer. A lawyer who is really on top of it will subpoena the cop and have him testify which will give a preview of your dui trial. Many lawyers don't want to bother with this so it's good to have a specialist who realises the importance of an APS hearing. Act quickly; you have only 10 days.

As discussed above, you need a lawyer to maximize the chances of a positive outcome in your case, often small facts to you may be the most significant facts in your case. To evaluate your chances over the internet is great disservice to you as even the most bleak case may have facts that can turn a loss into a win. You have ten days from the date of your arrest to request a DMV hearing where the facts of your case can be evaluated and argued to save your license. Once the ten day period has passed it is rarely possible to get a hearing. Once the hearing has been requested you should contact lawyers familiar with the courts and law, then make a decision on whether you can afford to go it alone or hire counsel. The time line after the DMV request to hire a lawyer will be based on the DMV hearing date or the court date whichever comes first. Good Luck.

What your San Diego 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 San Diego 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!