G. Cole Casey

Consult an attorney. You have a few matters that must be completed in a short amount of time. When you were released from custody you were probably given a few documents. One should have been a pink temporary license. Even if you have an out-of-state license, this pink piece of paper informs you of your right to an administrative hearing through the DMV. It is important to note that you only have 10 days from the date of arrest to request this administrative hearing. The DMV hearing is our first opportunity to receive police reports and other important documents that will be important in fighting your case. Further, some discovery is difficult to obtain if you have not hired an attorney, such as the video from the police vehicle. If you posted bail, you will receive a bail receipt that will have your first court date. This is your arraignment date. If you do not retain an attorney to help you with your case, you will need to appear in court on that date. If you completed a breath test, you may have received a printout of the results. If you submitted to a blood test, it can take several weeks to get your results. When you are calling to schedule an appointment to meet with prospective attorneys, be sure to bring all of this information with you.

It depends. If you had a valid license at the time of your arrest, your license is still valid. While the officer likely took your license, the pink temporary will be your license for 30 days. If you schedule a DMV hearing, then you may be able to get a temporary license that is good until the DMV makes its decision to suspend or not. However, if an administrative hearing through the DMV is not requested within 10 days, your privilege to drive in California will automatically be suspended 30 days after your arrest. This applies to both California and out-of-state licensed drivers.

A DUI is actually two cases: one case at the DMV and one in court, both of which are completely separate. First, your DMV hearing is the only opportunity you will have to contest your license suspension. You have a right to discovery and you can subpoena the arresting officer at the DMV Hearing. The second phase of your DUI is the criminal case. In most DUI cases, the prosecutor will file a complaint against you. Once you are released, you will be given a court date. This is called your arraignment, which you will have to attend unless you hire an attorney. The DMV and Court are entirely separate and both will issue penalties if you are convicted.