After a DUI what happens to your license in the state of California?
The arresting officer will take your license from you and send it to the DMV to be destroyed. The DMV will then give you a pink APS sheet which is in essence a temporary license for thirty days. However, if you lose your DMV/APS hearing before the thirty days is up your temporary license is no longer valid. This is why hearing an attorney is critical because they can strategically place the hearing at a date to keep the thirty day suspension in affect.
The DMV will now review the policy report and observer whether the license should be suspended or not. Your attorney will help defend you in this aspect of the DMV system. If there is evidence stating there should be no suspension or revocation there will be a set aside applied. The DMV will send you a letter notifing the driver that there was a setaside.
If the driver is suspended, he or she has ten days from the order of suspension to request a hearing. An attorney is very beneficial in this aspect as well. The attorney will give evidence that the suspension was not justified and help the driver prevent the possible suspension.
However, if the driver does respond after the original suspension within ten days, the DMV will not administer a hearing. The DMV will conduct the hearing in person or over the phone.
If an attorney is hired you must give your attorney written permission in order to speak on your behalf to the DMV. Everyone is given the right to present evidence and an oral testimony.
The DMV may call the arresting office in to speak on behalf of the DMV. They typically do not have the arresting officer present, you and your attorney may also subpoena the arresting officer is necessary. All associate charges will be paid by you however.
To get your license back you need to do three things.
1. You need to pay a reissue fee of $125.00 dollars.
2. You need to obtain a SR-22, and this can be done at www.breatheeasyins.com
3. Also you need to sign up for alcohol classes.