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Arrested for DUI 30 days ago, DMV has no record of arrest. How long do they have to suspend my license?

San Ramon, CA |

I was arrested on Aug 2 for a DUI in Contra Costa county, and requested a hearing on Aug 5. It is now September 3 and since I did not receive anything from the DMV yet (and as far as I know I am suppose to receive a white paper as a temp license until my DMV hearing) I called DMV and asked where it was. They said they have no paperwork regarding my arrest, and as far as the lady on the phone could tell my license is not suspended, nor is there anything regarding an upcoming suspension (hence no white white paper or hearing date). I imagine that I can go get a duplicate license then since it is still active in their system. Do they have a time limit on when they must hold the hearing / make a decision like the DA (which I know is one year) or can they do this at anytime? Thanks

I have a lawyer, just not sure I am getting a straight answer. Basically, what I am asking is according to the DMV website, it says the arresting officer must by law immediately send in the DS 367 form along with my license. What is the timeframe for "immediately"? As of now it is over 30 days, and from what I know that is not immediately. Is there, in that law, a timeframe they must send the DS 367 in by?

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Attorney answers 4

Posted

You have not received the temporary license (the white paper) because they have not yet received the paperwork from the arresting agency regarding you DUI. Once they receive the paperwork including the police report, they will place a stay on the suspension of your driving privilege if you requested a hearing within 10 days of receiving the DUI. When they receive the paperwork, you can expect a call from a DMV employee who would schedule your DUI hearing fairly quickly. It can generally be set within a matter of weeks or sometimes months depending on their case load and your attorney's schedule. In short, they set these hearings fairly quickly. If you request a telephonic hearing, you will generally get a quicker date than an in-person hearing. However, it is generally advisable to request an in-person hearing. Again, this answer applies to most DUI offenses in the SF Bay Area Driver Safety Offices. The facts of each case are different and require specific analysis to render any legal advice regarding that case. Contact attorney who offer free consultations to discuss the specifics of your case.

This answer does not constitute legal advice and does not create an attorney-client relationship.

Posted

This is why you should get an attorney so you don't have to worry about
this type of stuff period did you request a hearing over the phone or send
a written request. What was your blood alcohol level if it was under a
point 08 you will get a notification that there is no hearing period there
is no set time in which the DMV must hold hearings. The district attorney
has up to a year to file a misdemeanor case when were you supposed to
appear in court need more information to really answer your question but I
would follow up with the DMV's Driver Safety Office in your area where you
sent the request to and get a printout of your driving record

Posted

If you have a lawyer, you should be asking your lawyer these questions. In general, when an individual is arrested for a DUI and served a pink temporary license, the individual has 10 days from the date of the incident to call or have his or her attorney call DMV to set an administrative hearing to preserve the right to contest the administrative hearing. Once done, the arrestee can continue to drive until the outcome of the decision by DMV one whether he or she was driving, at the time of driving whether he or she was at a .08 or higher BAC, and whether the arrest was lawful. If the law enforcement agency does not send DMV the report, that means that the individual is good to keep driving for a longer period of time. Each case is different and you should consult your attorney if you can obtain a duplicate license. DMV does not typically issue one unless there is a setaside of the suspension hearing. It has only been about a month. Good thing you or your attorney set the administrative hearing so you can keep driving. Talk to your attorney! Good Luck!

Posted

Your case is in Contra Costa county, the county is notorious for filing cases several months after the arrest, some of it is due to the slow communication between the arresting agencies and the prosecutor's office, some of the delay is overworked personnel. Regardless, if you have confirmed that you have a stay on your license then be happy that they aren't pushing the license hearing, quite likely you will have a hearing and know the outcome months before your case even gets filed. Assuming you have hired a good lawyer he/she should have related this information to you, you should relax and let the person you hired to handle this for you, handle this for you.

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