If you are arrested for DUI, you are required to submit to either a breath test or a blood test. The police will then take your California (they cannot take an out-state license) driver's license and issue you a pink temporary license. This temporary license is valid for thirty days. This is not a "restricted" license. A valid temporary license provides all the driving privileges associated with a regular Class C driver's license.
If you request a DMV hearing within ten days of your arrest, the DMV will send you a new temporary license which will go into effect the day the pink temporary expires.
The DMV will then schedule a hearing. This hearing is called an "APS" administrative per se hearing in which the DMV will determine whether to suspend your driver's license.
If you do not request a DMV hearing within ten days of the arrest, the temporary license will expire on the 30th day. The DMV will then suspend your license. The issues at the DMV APS hearing are:
1. Were you operating a motor vehicle?
2. Did you have a blood alcohol content of .08% or higher at the time you were driving?
3. Were you lawfully arrested?
There are many defenses that a highly skilled DUI attorney will argue on these points. And, for most cases, we highly recommend that a hearing be requested. The standard of proof at the DMV hearing is lower than in a court of law. Often, the hearing gives us an opportunity to cross-examine the police officer without the prosecutor present which can be beneficial for later use at court.
It is not in your best interest to represent yourself. Furthermore, public defenders do not handle these hearings. For the best outcome, you will need a DUI attorney with significant experience handling DUI cases.
Just requesting the hearing usually buys you some time and keeps you on the road, at the very least. Invariably, the DMV is not able to schedule the DMV within 30 days of the request, so you will be able to maintain driving privileges until the hearing. Call the Crawford Law Firm, Inc. to request your DMV hearing. (831) 783-0222.
If you choose to request your own hearing do not call the number on the pink temporary. They will either not answer or they will tell you that you do not need to schedule a hearing. Instead, call the DMV Driver's Safety Office nearest the city in which you were arrested. See the list of these offices here It's preferable to have us do this for you but if you are going to do it, please tell them only your name, driver's license number, phone number, date of arrest and county of arrest. Tell them you want a "stay of execution" and a hearing. Get the name of the person you speak with and keep that information for future reference.