An Escondido DUI arrest can cause a suspension of your license, but there are things that can be done to try and avoid a suspension or minimize it. If you are 21 or over with a valid drivers license, you will be given a pink sheet 30 day temporary license and suspension notice if the officer believes you are .08 blood alcohol or more. You must contact DMV within 10 days of your arrest to request a hearing to challenge any suspension. Failure to do so will waive any hearing and result in an automatic suspension for 4 months if this is your first DUI offense and 1 year if this is a second DUI offense in 10 years. This suspension will start 30 days after your “driving under the influence” arrest. This suspension is in additon to any suspension triggered by a DUI conviction. By requesting a hearing, you can get a 60 day temporary license instead of the 30 day pink sheet and delay any suspension pending the results of the hearing.
An Attorney can set that hearing and usually handle it without your presence. Depending on the issue, you may have to be present to testify. These hearings can be done telephonically or in person. Most of the time they are done using sworn reports and the officer is not present. A DMV Hearing Officer handles the hearing for the DMV. The reports are sent to the attorney before the hearing for review.
The issues are whether there is sufficient evidence to show you were driving a vehicle, you were lawfully arrested and your blood alcohol level was .08 or more with a valid breath or blood test. Sometimes these sworn reports are insufficient or not filled out properly, however, if the officer did everything properly and the evidence is sufficient the suspension will be imposed. It generally takes 1 to 3 weeks from the hearing before you get the results, your license remains valid pending notification After 30 days of actual suspension on a first offense, you are eligible for a restricted license for work and DUI school. With over 30 years experience handling DUIs and licensing issues, call Christoph law offices at 760-941-5720 for a free consultation and additional information.
