Patrick J. Silva - Attorney at Law
A Professional Law Corporation
Arrested for DUI? Find Out What Everyone Should Know Before Talking to the Judge, Hiring an Attorney, Pleading Guilty or Going to Trial.
1st Time DUI Suspensions
When a person is charged with a DUI they are fighting 2 different entities. The court system is trying to punish you for the DUI and the DMV is trying to take away your driving privileges. One of the first things you need to do is call the DMV for an administrative hearing. Under the law, whenever your rights as a citizen may be affected you are entitled to a hearing in order to protect your due process rights. However, you must call the DMV within 10 days of your arrest.
What if I do not call the DMV for a hearing?
When you got charged with the DUI the arresting officer gave you a "pink" colored carbon paper which is your temporary drivers license. This license will be valid for the next 30 days after the arrest. On day 31 your license will be suspended for the next 4 months. At the end of 4 months you will be eligible for your license again as long as you have an SR-22 on file with the DMV, you may also be required to be enrolled in a DUI class.
What if I call the DMV for a hearing?
If you called the DMV for a hearing then your "pink" temporary license will be extended a couple of months in order for you to have the hearing and for the DMV to make a finding on the matter. If you did call the DMV within the 10 day limit you will then receive a "new" temporary license in the mail which will be printed on ordinary white paper. The DMV will usually give you approximately a 4-5 month extension, the technical term is called a "stay".
How do I get a "restricted" license?
A restricted license will allow you to drive to and from work, during the course of work, and to and from your DUI classes. You will be eligible for a restricted license on day 61 following your arrest. The reason is that you had a pink temporary from day 1-30, there is then a mandatory 30 suspension from day 31-60, and on day 61 you will be eligible to apply for a restricted license. Your restricted license will be in effect for 5 months. In order to apply for a restricted license you will need to be enrolled in a DUI class, have an SR-22 on file with the DMV, and pay the DMV their fee of $140.00.
What happens if I get caught driving on a suspended license?
In lawyer land, this is what we call a 14601. However, under that code there are several charges and distinctions that need to be made. If you are charged with driving on a suspended license due to a DUI then you most likely will be charged with a 14601.2. The problem then arises with the DMV in that the will suspend your license for a year and force you to install a ignition interlock device (breathalyzer) on you car.
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