QUESTION

I recently received a DUI on the 17th of this month, am I required to notify the DMV of it?

Asked on May 24th, 2012 on DUI/DWI - California
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I recently received a DUI on the 17th of this month, am I required to notify the DMV of it? Websites keep saying to have a lawyer contact them for me, but what if I cannot afford a lawyer, do I still have to do it myself?
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9 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Additional information is needed to accurately answer this question. With that being said, I am assuming that at the time of your arrest, your license was taken by the arresting officer and you were given a pink paper, which is a temporary license and which will expire in 30 days from the date of your arrest, at which time you driving privileges will be suspended. If you wish to dispute the license suspension, you or your attorney, must contact DMV within 10 days from the date you received the temporary license (pink paper) and request an Admin Per se hearing. If you fail to request the hearing within the 10 days, you will lose your right to a hearing. Please note that this is in addition to any court appearance date given to you when you were cited.
Answered on Jun 01st, 2012 at 4:55 PM

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When you receive a DUI the DMV is notified by the law enforcement agency. What the websites are talking about is if you want a DMV hearing you need to schedule that with the DMV within 10 days of your citation for the DUI. The DMV hearing is for you to tell the DMV why you should not have your license suspended because of the DUI. The DMV will relay on the police report of the arrest and most times will suspend your license. You may do this on your own or you can use a hired attorney. If you hire an attorney most will only take your case if they do the court hearings also. In your financial state I would not hire and attorney, skip the DMV hearing and ask for a Public Defender at the arraignment.
Answered on Jun 01st, 2012 at 4:43 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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They already know about it. You don't have to do anything. However, when arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Jun 01st, 2012 at 4:34 PM

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Yes, if you cannot afford a lawyer, you must contact DMV's Driver Safety division within 10 days to have a chance of saving your license.
Answered on Jun 01st, 2012 at 4:25 PM

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Criminal Defense Attorney serving Santa Rosa, CA at Michael T. Lynch
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Rest assured DMV will be notified of your arrest for DUI. However, you only have ten days in which to demand a hearing from DMV. This will not be done by the police or the courts. If you do not notify DMV within ten days to demand an administrative hearing they will suspend your license. While you might qualify for legal counsel in the form of a public defender, you will not receive a lawyer for your DMV hearing. You can accept a public defender for your criminal matter and hire a private attorney to address the DMV matter.
Answered on Jun 01st, 2012 at 2:55 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yourself or lawyer need to contact DMV within 10 days to schedule a hearing.
Answered on Jun 01st, 2012 at 2:53 PM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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Yes, if you don't want your license suspended immediately. You have to call the DMV driver's safety office within 10 days of the arrest-today is the 24th, so that leaves tomorrow or Tuesday (Monday is a holiday). The number is in the upper right hand corner of one of the pink papers the officer handed you. You will be calling to set up a hearing for your license suspension. No, a public defender will not help you with that hearing. Either do it yourself or find the money to hire a lawyer. Most people think they can't afford a lawyer till they call.
Answered on Jun 01st, 2012 at 1:37 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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The DMV has already been notified of it by the officer who arrested you. You have only 10 days to contact DMV to request a hearing to dispute the charge or you will automatically lose your license as written on the temporary license/notice you received from the officer. Yes, you did get this if you were arrested or cited for a DUI and will be held to it whether or not you read it, lost it, or anything else. The truth is, you need a lawyer to help you through all the processes or you will be at a distinct advantage.
Answered on May 31st, 2012 at 9:00 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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You MUST contact the DMV within 10 days of your arrest to schedule a hearing. At that hearing, you can challenge the suspension of your license. If you do not schedule a hearing (or if you lose), your license will be suspended for 4 months.
Answered on May 31st, 2012 at 8:54 PM

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