Law Firm of Aaron Bortel

Is The San Francisco DMV Notified After A DUI Arrest In Marin County?

Yes, the DMV associated in San Francisco is notified about DUI arrests. When someone is arrested for a DUI in Marin County or anywhere in California, the California Department of Motor Vehicles is notified. The arresting officer fills out a form, which is a temporary license, and it serves as a notice of suspension. It notifies you of the Admin Per Se hearing. It is for the DMV to see if they can take your license, and if they can prove different elements that the offense exist. The police department will send this information to the DMV. Either they will send it directly to Sacramento DMV, which is the headquarters, or typically, it would go to San Francisco DMV, which is the local headquarters that Marin County sends all this information. This is the main branch where the hearing would happen.

If it happened in person in Marin County, as a DUI arrest, however the hearing could also happen in Sonoma County. The numbers of people who are arrested in Marin prefer to have their DMV hearing in Sonoma County, but there are many reasons to have it in San Francisco. The DMV is notified and then you or your attorney has ten days to request this hearing. When you request the hearing, the DMV may not even have notification of the arrest yet, but it is critical that this request go in, because it must be within ten days, there are very few exceptions though for a belated hearing. Another thing that requesting a hearing helps is it stays the suspension. The pink sheet, the temporary license that you receive from the police department is your temporary license, and a notice of suspension to request that hearing.

That is only good for thirty days as a temporary license. This gives you more time because the DMV, if you ask for a stay of suspension, will allow you to keep driving until the conclusion of this hearing. If you lose that, the department of motor vehicles would restrict your privileges to drive. Therefore, you want to get this notice in on time and make sure that it gets in. I typically will fax them the notice within those ten days, because that gives you the date stamp. Make sure you follow that up with a copy of the fax, and date stamp. I will then mail the same document to the motor vehicle department twice, so I do not have problems with the DMV saying, “We never got it, so we have no proof”. I always have proof.

What happens then is once a hearing is set with the DMV, and that will very often continue my hearings with the DMV, so I can gather all the evidence that I need to fight these cases. The DMV is going to have in most cases, other issues. They are going to need to be able to prove, one, which is sufficient probable cause to pull someone over, and do a DUI investigation, and two, was the person lawfully arrested? Some of the procedures followed by the police are required to follow, and three, were they at or over a 0.08% blood alcohol level. In a refusal case, if someone did not comply with the implied consent law, and either forced blood draw was taken, or no blood test was done, because of a refusal, then the issues are the probable cause issue.

Was the lawful arrest properly admonished, and what would happen if they did not take a test and refused? Therefore, the 0.08% will not even matter in a refusal case. Most interesting is if someone could have their case completely dismissed in court if it is a refusal situation or a forced blood draw, and the DMV does not even look at that, they do not care, they can still go after you. Therefore, we are getting into many other subjects right now, but it is very important to not refuse a test if you need that license, because the cases at DMV are very difficult to win.

How Soon Should Someone Contact The DMV To Set Up A Hearing After A DUI Arrest?

There are ten days from the date of arrest to contact the DMV to set up a hearing. Say you are arrested on November first, at 9 P.M., and on November second would be day one. Weekends do count. Now, when the day falls on the weekend, they are supposed to give you until the following Monday. Sometimes they do not, and so it can be a battle. Usually they do, but they can be jerks about it, so it is best to be safe, and get it in by that last Friday, or if you do not, contact me. I will give you the DMV fax number so that you can get that hearing request in, and then you give them your name, the date of arrest, your driver’s license number, the arresting agency, and let them know whether you took a breath or a blood test.

That is what they need to know. Let them know you are requesting a stay of suspension, and requesting an admin per se hearing. Put those things into a fax, because you cannot email them to get it in. However, if you fax them on a Saturday or Sunday, and you are worried about it, you can always contact me over the weekend, and I can follow it up with DMV. If you do not have a fax machine, find a store, get that fax to them, and let it save your license. That starts with requesting that hearing with the DMV.

For more information on DMV Regulations In Marin County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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