In California, Driving Under the Influence (DUI) of alcohol or drugs or both is probably the most prosecuted crime. Getting arrested for a DUI can be scary and you need to talk to an attorney about what your options are.
In this video, we cover: Can I Drive After a DUI Arrest?
Watch to listen for:
0:00 - Disclaimer
0:05 - First offense DUI in California: can I drive?
0:36 - Temporary driver's license & DUI hearing
2:05 - Do I have to carry this pink piece of paper with me every time I drive?
2:33 - Don't make the mistake of requesting your DMV DUI hearing in person at a local DMV office.
For most DUIs, especially those that don’t involve an accident or great bodily injury, the penalties don’t involve any more jail time and after jumping a few hoops, it’s quite easy to get your license back. It used to be much worse prior to 2019 when people had to wait one whole month to get their license back with the DMV. Each case is different, especially if you have multiple DUI arrests from the past or an accident was involved. The best thing for you to do is get solid advice about what will happen in your specific case. After a 30 minute consultation with Lamano Law Office, you will know what the best case, worst case, and likely scenario is in your DUI.
Visit our website for more information on DUI cases or to talk with a lawyer: https://lamanolaw.com/dui-defense/ or visit our channel for more videos on DUI: https://www.youtube.com/channel/UC90_IKVBvHrpAuvK1suEgdw
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>> Givelle Lamano:
If you've recently been arrested on a first offense DUI in California, a question you may have is can I drive? The short answer is yes. The police will take away your physical driver's license and give you a pink piece of paper called a temporary driver's license. That pink piece of paper will serve as your temporary driver's license for 30 days from the date of your arrest. So for example, if you were arrested on January 15th, the driver's license is good for 30 days after that date, the temporary driver's license is very thin and some people would say hard to read. Some people don't even read it at all in the fine print of that document. There are instructions for you to contact the department of motor vehicles, to request a DUI hearing. What most people miss is that you have 10 calendar days to request that hearing.
>> Givelle Lamano:
So going back to the example of getting arrested on January 15th, that means that you have 10 days until January 25th, to request that hearing. Now be careful if your 10th day falls on a weekend or on a Monday, one of the busiest days for the DMV, it's best practice to request your hearing as early as possible so that you don't miss that 10 day deadline. And if you hire a lawyer, we can call the DMV on your behalf. Once you've requested that DMV, DUI hearing that pink piece of paper, your temporary driver's license gets extended past the original 30 days to the hearing date that the DMV will give you. So going back to the example earlier, if you were arrested on January 15th, your driver's license, your temporary driver's license is valid until February 15th, but if you request a timely DMV, DUI hearing, and your hearing is scheduled in March, that means your temporary driving privileges are now extended until March.
>> Givelle Lamano:
I know that's a lot of math, but the bottom line is this request, your DMV DUI hearing within 10 days or your temporary driver's license will automatically expire after 30 days by requesting this timely hearing. And you extend your driving privileges, giving you time to get a copy of your police report and get your ducks in order. Another common question that we get from first offense, DUI clients in California is do I have to carry this pink piece of paper with me? Every time I drive the short answer is yes, but if for some reason you lose it, you can always request it and you can always get another copy mail to you in the meantime, memorize your driver's license, or have it saved on your phone. So if you get pulled over, you can provide your driver's license number to the police, and they can look you up and confirm that you do in fact, have a temporary driver's license status.
>> Givelle Lamano:
One more thing. Don't make the mistake of requesting your DMV DUI hearing in person at a local DMV office. There's a phone number listed on that pink piece of paper for the DMV driver's safety office. This is a separate office that handles DUI arrests. If you can't read the phone number on that pink piece of paper, Google DMV, driver's safety offices in your area to get the local phone number. Generally Oakland, Oakland drivers, safety handles Costa County and Alameda County while San Francisco drivers safeties handles counties on that side of the bridge. If you have any questions about this, please don't hesitate to give our office a call. Lamano Law is here to help. Thanks for listening.