Attention!! You Only have 10 days From the Date of Your Arrest to Request a DMV Hearing or Your License Will Be Suspended.
Call (510) 346-6666 and We'll Request the Hearing For You at No Charge
Helpful Tips:

Fact #11:
After the test and after you are booked for your DUI or DWI, call two (2) people PERSON TO PERSON (COLLECT) so that you have two (2) people that can testify for you at trial that they spoke with you from jail regarding whether or not you had slurred speech. The collect call allows you to have a phone bill to prove that you spoke to the person who will testify about your speech. Police Officers always put in their reports that the defendant had slurred speech because it is a sign of intoxication, this is your evidence to disprove that standardized statement.

See All Tips

What You Should Do 1st
When you talk to an attorney to represent you, make sure you ask the attorney how many "DUI" trials the attorney has actually done in the last year or least two years. If the attorney is not doing at least four (4) "DUI" trials a year, then should contact one who is because if you need to go to trial, you want a trial attorney who keeps his or her skills in trial up by actually trying cases. Too many attorneys talk a good game but don't actually play the game, that is go to trial; and that can mean the difference in the type of disposition that you end up with your case. Inquire about the organizations that attorney belongs to, lectures the attorney presents, writings and publications of the attorney, certifications in breath testing, training in blood testing, and qualifications in Standardized Field Sobriety Tests (SFSTs).

You were arrested for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) of alcohol or drugs or both in Northern California in cities such as, San Francisco, Oakland, Hayward, Pleasanton, Fremont, Martinez, Walnut Creek, San Jose, or others. You were asked a lot of questions at the arrest scene, and you were not given Miranda warnings (the police did not read you your rights). You were made to take Field Sobriety Tests (FSTs) at the side of the road (the police didnt tell you didnt have to take these test, did they?; NO. You were nervous and the officer ask a lot of questions quickly, in fact, you were probably stopped, given FSTs and arrested all within 10 to 15 minutes. Then you were handcuffed, put in the police car, and taken to jail where you gave another test. What do you do now???

FIRST, you should protect your driving privilege. When the police officer arrested you, he or she took your drivers license for DUI or DWI, and they gave you a PINK piece of paper. This is an order of suspension. The suspension is stayed (stopped) for 30 days from the date of the arrest of DUI or DWI, and then it goes into effect. However, in bold print on this form and temporary drivers license, it tells you that you have 10 DAYS to contact the DMV and request a hearing. If you fail to do this within the 10 days, it will be too late and you will default to a four (4) month suspension of your driving privilege if this is your first DUI, and the penalties are stronger if this is a 2nd DUI or more.

So, to protect your driving privilege, notify the DMV and request a hearing within 10 days from the date of your arrest for DUI or DWI. You do not make the request from a DMV field office, (the place where you go to take your driving test); no there are special hearing offices within the State of California called Driver Safety Offices. You should immediately contact an attorney and have the attorney do this for you. This will ensure that your request is timely and correctly filed. The attorney will ask for the proper discovery, that is the police reports and other paper work that the police officer is required to timely complete and send to the DMV. The attorney will also make the arrangements for the hearing so that it is the least inconvenient for all parties.

Know this, the DMV is not your friend. This is the only place where you will find the judge, Hearing Officer, is also the prosecutor. First, the Hearing Officer puts all of the police officers reports into evidence, and says that is the Departments case, and it show you are guilty, now, you may present evidence to show you are not. Keep in mind that the Hearing Officer works for the Department of Motor Vehicles, the same Department that is prosecuting you, and that the Hearing Officers are monitored on how many convictions or suspensions the make or Set Aside. Their superiors want suspensions, so guess what, there are a lot of suspensions. They take it serious, and so should you. This is a tough job for attorneys that know what they are doing, so for someone without training, you are walking into an ambush.

It is very important to know that if you use the Public Defender for your criminal action, they do not handle the DMV because that is a civil action. Additionally, your time, the 10 days, will pass before your court date, and you will lose your right for the hearing if you wait, so DONT WAIT; DO IT NOW. HAVE AN ATTORNEY DO IT FOR YOU SO IT IS DONE CORRECTLY.

SECOND, memories fade fast. That is why the police officer writes a report. You should do the same thing. Start with the time that you got up. What time was it? How do you know? Did you eat breakfast? What did you have? What did you do next? What time was it? Did you eat lunch? What time was it? What did you have for lunch? What did you do next? Did you eat dinner? What did you have? What time was it? Did you eat anything else? What time did you start drinking? What time did you stop drinking? What did you have to drink? How many drinks did you have? Are there any witnesses? Why were you stopped by the police? Where were you Stopped? What was the first thing the police officer said to you? What was next? Did you take field sobriety tests? Did the officer have you blow into a handheld breath machine at the arrest scene? Did the officer tell you did not have to blow into the machine at the arrest scene of your DUI or DWI? Were you given a choice of either another breath test or blood test after you were arrested? If you chose a breath test, after you completed the test, did the officer tell you that the machine does not keep a sample of your breath, and that if you want a sample for retesting, you will can take either a blood or urine test? (Not just blood test this is important).

Write all of this information down. DO NOT SHARE THIS INFORMATION WITH ANYONE EXCEPT YOUR ATTORNEY. This is attorney/client privileged information. Everyones memory fades over time, and when you are nervous, it is harder to remember things the farther they get away from the event, so do this now.

THIRD, CONTACT AN ATTORNEY NOW!!!! Contact the attorney, if for nothing else, a consultation on what to do. When you make your appointment, write it down, and be on time. Do Not expect the attorney to give you an answer to outcome of your case. Until all of the following is done, the attorney cannot know how good or bad your case is. If you find an attorney that does know these things before getting all of the following information, get out of that office as quickly as possible. This charge is (23152(a) and 23152(b)), in most cases, a misdemeanor crime for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). If there has been and accident, and someone other than the driver was injured, the code section charged will most likely be (23153(a) 23153(b)) which is a felony. Unlike an infraction, traffic violation such as a speeding ticket, you can be put in jail up to six (6) months, although, that rarely happens. However, in the felony section, 23153, State Prison is the sentence.

Many people think that because they had something to drink and took a test that resulted in numbers that exceeded what should be the illegal limit of 0.08 or greater that they are guilty. This is a big mistake. Stop trying to be the attorney by applying the law yourself. The breath testing machines make mistakes. They are computers, and the people who operate and maintain them do not always do what they should do. If it is a blood test, again, human error occurs in many of theses cases. Suppose that your case has no errors, in many of these cases it is possible to get your case reduced or at least the lowest possible sentence. But, before you have given up and are ready to accept a penalty, your attorney should have subpoenaed the computer aided dispatch records (CAD), the maintenance, calibration, repair, and test records of the machine that you took your test on, and review these records. This is where a lot of cases are won. And, dont believe the garbage that some lawyers put out to the public that you dont need these records because they have been doing this cases for a lot of years and they never help. I have been doing these cases for fourteen (14) years, and have had many cases dismissed or reduced by finding errors in these records, and vary valuable in trials that I have won for my clients. They are important records, so make sure your attorney gets them, and knows how to read them.

FOURTH, you will also want your attorney to have your blood results retested. Just because the crime lab says your blood alcohol level is a certain percentage, doesnt mean that is so. On retests, my office has found errors that have allowed the charge to be reduced or set the stage for trial in your DUI or DWI case.

FIFTH, fill out the form from the link below, and follow-up with a phone call to make sure that the form was received. Do Not wait, time is running against you.

Remember, do not discuss your case with anyone who is not an attorney.