How to Get Your License Back
If you’ve been arrested for California DUI, it is quite likely that your driver’s license was physically taken away from you, and you were given a pink paper that is your temporary license. (If you were arrested for a California DUI, but your license was from a state other than California, then law enforcement was not supposed to snatch your license, but instead just give you that same pink paper.) The pink paper – the Administrative Per Se Suspension/Revocation Order and Temporary Driver License – tells you in the fine print that you have only 10 days to request a DMV hearing, and that if you do not request a hearing in time, that your driving privileges will be suspended on the 30th day.
The first step in getting your license back is to understand the sensitive time deadlines that apply, and to be sure to contact a California DUI defense lawyer within that 10 day window. Please contact the The Kavinoky Law Firm immediately at 1-800-NO-CUFFS to protect your rights. We offer a free, no-obligation consultation.
The best way to get your license back is to timely request a DMV hearing, and to convince the DMV hearing officer that a set-aside of the DMV’s action is legally required. Because of some of the unique features of The Kavinoky Law Firm, we are able to offer significantly better chances at this than other law firms. One reason is because we employ a former DMV hearing officer who now works closely with our specialized DMV Hearing Unit. Because of this, we are able to more effectively anticipate exactly what the DMV hearing officer in your case will seek to do, and take affirmative steps to cut this off in advance. What this means is that you stand a better chance at not losing your license in the first place.
At the DMV hearing, the hearing officer will seek to introduce evidence to support the suspension of your license. Live witnesses are not usually called by the DMV to do this; instead, they will merely try to introduce documents, such as the arrest report and forensic testing results, to support the conclusions necessary to justify the suspension. Thus, the first line of defense is to attack the admissibility of the DMV’s evidence. If this material can be successfully excluded, then a set-aside of the DMV’s action is required. Other ways to defeat the DMV’s case include the presentation of affirmative evidence that your alcohol level was below the legal limit at the time of driving, that the test was not given within the time frames established by law, or that there was some other defect that justifies setting aside the action.
If the DMV does not set aside the action and instead suspends or revokes the driving privileges, there are two ways to seek to overturn the adverse findings. First, there is the request for DMV administrative review. Next, there is the filing of a writ of mandate.
Administrative review is where you or your attorney asks the main DMV office in Sacramento to review the evidence in the case and the findings of the DMV hearing officer. This must be done within 15 days of the finding against you, and must be accompanied by appropriate fees for the review. Unfortunately, the decision reached by the DMV hearing officer is not “stayed” or put on hold pending this review, which can take several months to occur. The advantage of this type of review is that it is inexpensive.
The second way to overturn the DMV decision is by filing a writ of mandate. This is essentially a lawsuit against the DMV, where you and your attorney assert that the DMV reached the wrong conclusion at your APS hearing and should have set aside the action. It is possible to get a “stay” of the suspension pending the hearing on the writ of mandate. This will require a showing of harm and a likelihood of prevailing on the merits. It is important that you work with a law firm that is familiar with these writs, since preparing, filing and litigating a writ of mandate and a stay of suspension involve tight time deadlines, and can be very tricky for those not familiar with how to accomplish these things.
Once the DMV takes an administrative action against your license, the amount of time of the suspension or revocation will vary, depending upon whether it is a first offense or you have prior DUI convictions or related actions; whether you are 21 or older the time of the arrest; and whether you gave a chemical test when lawfully requested by a peace officer, or refused to test. Once again, you are welcome to contact The Kavinoky Law Firm to help navigate these issues, and give you reliable information about the status of your license at no cost or obligation.
Unfortunately, after the DMV suspension has passed, driving privileges will not be restored automatically. You will likely be required to file an SR-22 proof of insurance certificate with the DMV to get your license back, and to keep the SR-22 on file for three years. You will also be required to enroll in and complete an alcohol and drug education course. Even if these requirements are met, you will still need to pay the DMV license reissue fees and go and get your new license. None of this happens automatically, and you would be well-served to contact our law firm for help with this. We know just how to help you get driving again! Please contact us today at 1-800-NO-CUFFS for a free consultation.
