How can I get my driver's license back?
In this video, Mr. Taylor describes the proceedings that occur after a person is arrested for a DUI. There are two proceedings, a criminal proceeding and a DMV proceeding. Once a person is arrested for a DUI they are given a notice of suspension, which is effective from the point of receipt, and this notice acts as a thirty day temporary license. There is important fine print on this notice that gives an arrestee the right to contest the suspension by contacting the DMV within ten calendar days. If the DMV is not contacted within ten calendar days, then the right to contest the suspension is lost and the suspension will take place after thirty days. There are many legal grounds to contest the suspension and a person arrested for DUI loses nothing by contesting the suspension. The DMV proceeding is not a court proceeding; during this proceeding both the arrestee and the police officer may or may not testify, but the arrestee’s presence is not required.
Well, understand that when you’re arrested for a DUI, there are two totally separate and unrelated proceedings that take place. There is the criminal, that is you will be charged with a criminal offense and you, or your attorney, will be going to court. But independently of that, there is an administrative proceeding before the Department of Motor Vehicles. You will notice when you are arrested, or perhaps at the booking, you will be given a pink sheet of paper; this is a notice of suspension from the DMV. It is automatic and immediate. There is a whole lot of fine print on it, but you should know that it operates as a thirty-day temporary license. More importantly, in that fine print it tells you something that the DMV really doesn’t want you to know, and that is why it is on the second page in fine print. That is, you have a right to contest the suspension but you must, or your attorney preferably, must contact the DMV and make a demand for a hearing within ten days. If you failed to do that, and that is ten calendar days not ten working days, you lose the right to contest the suspension and the suspension will take place after the thirty days. There are a lot of reasons to contest the suspension; there are many, many legal grounds for which you can get the suspension thrown out. But you should also understand that there is nothing to be lost. If you lose the hearing, they are going to do to you what they would do to you if you had not requested the suspension to begin with. Finally, you may or may not be testifying at this hearing. It’s a DMV hearing, there’s no court, the police officer might be testifying and there may be other witnesses, but your presence is not requested and for legal reasons, your attorney may or may not want you there.