Santa Barbara DUI Lawyer Explains DMV License Suspension and 10 Day Rule

The National Summer DUI Enforcement Campaign is in full swing in Santa Barbara County. The Summer DUI Mobilization Campaign began on August 21st and continues through September 7th. The Santa Barbara DUI Task Force “Avoid the 12” funding is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Edhat reports Santa Barbara DUI statistics for the first six days of this campaign of at least 40 drivers arrested for suspicion of DUI. As a Santa Barbara DUI attorney I hear frequent confusing accounts from those arrested regarding the time perimeters relating to their license and court.

When you are arrested for a Santa Barbara DUI two separate actions begin:

You will face a criminal allegation filed in a criminal court, and simultaneously face an administrative suspension or revocation of you driver’s license by the California Department of Motor Vehicles.

Generally, when you’re arrested for DUI Santa Barbara officers immediately seize your driver’s license. This is known as a “Stop and Snatch.” The California Administrative Per Se Law was enacted in 1990 and directs law enforcement officers to seize and suspend a person’s driver license if they suspect that person of driving with a blood alcohol content of .08% or greater. At the time of arrest, the law enforcement officer is further directed to serve the driver with a “Notice of Suspension” by issuing a DMV Form DS-367. Usually, this pink-colored form is provided to a driver at the time they are released from police custody. The language used in the DS-367 is confusing a vague.

Essentially, there are three critical pieces of information provided on the DS-367:

• Notice that the DMV intends to suspend or revoke your driver’s license.
• Notice you can continue to drive on a “temporary” basis for 30 days.
• Notice of the right to contest the suspension must be made with the DMV within 10-days of the arrest, referred to as an Administrative Per Se Hearing.

Compiling with this 10-Day Rule with the DMV is the most critical “first step” in protecting your license.

YOU ONLY HAVE 10 CALENDAR DAYS AFTER YOUR ARREST TO CONTACT THE DMV TO PROTECT YOUR LICENSE.

The DMV simply does not want to conduct this hearing, and will rely on any failure to deny the right to the hearing. The most common reasons for the DMV denying a person’s request for an APS Hearing is failure to make initial notice with the DMV within the first 10-days following the arrest.
The DMV deems the 10-Day Rule as absolute, etched in stone. Failure to take the necessary action under the 10-Day Rule provides DMV just the cause needed to deny you a hearing.

There is no compassion for the suspected Santa Barbara drunk driver when it comes to this 10 day time envelope. If you are arrested for DUI and fail to contact the DMV within the first 10-Calendar Days following the arrest to request an Administrative Per Se (APS) Hearing, the California Vehicle Code (CVC) permits the DMV to deny you a hearing, and the DMV will automatically suspend your license 30 days after the arrest.

California Vehicle Code §14103 states; ” …..Failure to respond to a notice given under this Chapter within 10 days is a waiver of the right to a hearing……”

Don’t let the DMV simply steal your driver’s license. Don’t rely on the officer telling you that you’re “good” for 30 days. Contact me Santa Barbara DUI lawyer Kenneth M. Hallum. I will make the necessary and correct notice with the DMV, taking the first step in preserving your right to a hearing and preserve your license.