At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 886-6333

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Law Offices of Aaron Bortel

Navigating Your Driver’s License Consequences For DUIThis article discusses:

  • If it is lawful for the police to take away your license when arrested for a DUI.
  • How a Stay of Suspension can keep you driving while your DUI case plays out.
  • The depths to which a DUI can affect your life and how a DUI lawyer can mitigate this for you.

I Was Pulled Over, Arrested, And Charged With A DUI In Marin County. Why Did The Police Take My License?

The police are required to take your driver’s license if they believe you are at or over the legal blood alcohol level limit of 0.08 when you are arrested for a DUI in Marin County. This is state law and thus applies to all counties in California, not just Marin County.

Typically, by the time they arrest you, they have already done a preliminary alcohol screening test. They will almost always take your license if the test shows 0.08 or greater. If it’s a drug case, they will sometimes take your license as well, although this does not occur as often as it does with alcohol-related incidents.

The police then send your license to the California Department of Motor Vehicles. Unfortunately, you will never be able to get this copy of your license back. If you can get anything at all, it will be a duplicate. Getting these can be somewhat complicated. Unfortunately, this is just one of the many driver’s license consequences of DUI in Marin County and California.

If you find yourself in this situation, we highly recommend calling a lawyer able and willing to help you as soon as possible. They should be able to advise as to how you can get a duplicate license and walk you through this complicated and stressful procedure.

What Do I Need To Know About My Driver’s License Following A DUI Arrest And Charge In Marin County? What Is The 10-Day Rule?

When you are arrested for a DUI in Marin County, either the officer who arrested you or the jail you are taken to will give you a pink sheet of paper called a Notice of Suspension.

This notice is actually a temporary license that is good for 30 days, as long as you or your DUI lawyer request a hearing within ten days of your arrest. While you can technically do it, it is extremely wise to partner with a DUI lawyer to do this for you. Once they do, you will receive a Stay of Suspension, which keeps your license valid while your case proceeds through the court system.

So long as you managed to get your Stay of Suspension in place and requested the DMV admin per se hearing within ten days of your arrest, you will have a valid license. However, if the DMV admin per se hearing is not requested within the allotted period, then your license will expire with the expiration of the Notice of Suspension.

Material is available elsewhere on our website that goes over the procedure of getting your license reinstated (on a restricted basis) until you get your full California driver’s license back. Please refer to it or feel free to contact us at (415) 886-6333 .

Do I Need To Immediately Hire An Attorney To Keep My Driver’s License After A DUI Charge In Marin County?

Although it is not necessary to immediately consult a DUI lawyer in Marin County if you are arrested for drunk driving, we highly recommend hiring one as soon as possible. The reasons for this are abundant.

First, doing such ensures you increase the probability of meeting the ten-day rule and can keep a usable driver’s license.

Further, a lawyer can mitigate possible negative driver’s license consequences of DUI in Marin County for you. Most significant to most is likely financial in nature. While hiring a lawyer may seem like a considerable expense, compared to the diminished costs of doing such, it is not.

For starters, your insurance. If your insurance company does not drop you due to your DUI, your rates will most likely skyrocket.

Beyond this, a list of other things is affected, including your:

  • Potential for future employment;
  • Obtaining professional licenses;
  • Ability to travel to Canada;
  • Credit;
  • Ability to get a loan;
  • Standing with institutions like graduate schools or universities;
  • Ability to rent an apartment;
  • And more.

A DUI can remain on a criminal record for your entire life unless expunged.

With regards to the Department of Motor Vehicle, a DUI can stay on your record for ten years. On top of this, they are prior-able for ten years in court. This means that you face intensified penalties when getting a second charge within those ten years.

Additionally, so much more is going on with your case concerning your constitutional and driving rights and liberties that it is critical to get proper legal advice. Having someone with “every day, all day” expertise and experience to take care of your case will ensure you come out of it in the best way possible.

For more information on Driver’s License Consequences Of DUI In Marin County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

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Call Us 24/7: (415) 886-6333
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