What Happens To Your Driver’s License During And After A DUI Arrest In Marin County?

Anyone who is arrested for Driving Under the Influence (DUI) by the California Highway Patrol, local police departments, or sheriffs in California will have their California driver’s license taken away and will be given a pink sheet instead. If you are just traveling in California and have an out-of-state driver’s license, it will not be taken away.

This pink slip means that time is ticking on your driver’s license.

The Officers Took My Driver’s License And Gave Me A Pink Form Instead; What Does This Mean?

The pink sheet you receive after a DUI arrest is an Administrative Per Se suspension order; a copy of it and your license is sent to the California DMV. The pink slip takes the place of your driver’s license and is valid for 30 days. This means that you can drive unrestricted for 30 days. Once this 30-day timer expires, however, unless you win a victory at the DMV hearing, your license will be suspended.

While the exact duration of the license suspension varies based on your situation, the amount of time you have to contest the suspension is always the same. You have only 10 days from the arrest to request a hearing with the DMV, which means it is critical that you immediately contact a DUI lawyer to help you request the DMV hearing.

While you can request the DMV hearing on your own, it is best to have a DUI lawyer do it. There are several reasons for this, but the most important is that an experienced DUI lawyer will know which hearing officer will give you the best chance of winning the hearing.

What Should I Expect From The DMV DUI Driver’s License Suspension Hearing?

DMV hearings are normally held at the San Francisco Driver Safety Office, located at 1377 Fell Street, though they are sometimes also held remotely (this became popular and common during COVID). Hearings are your chance to contest the driver’s license suspension, though they are not a formal trial with rules of evidence like you might find in court.

Instead, it is a chance for you (or your attorney) to try and cast doubt on the validity of your arrest, discover the testimony of the officers, and perhaps even get the suspension revoked. This sort of victory is rare during administrative hearings, but even if you do not win, just requesting a hearing can substantively extend your ability to keep driving.

What Is The Expected Timeline For DMV Hearings In The Bay Area?

Once the DMV hearing has been requested, the DMV will send you a new temporary license. This will allow you to continue driving until the DMV hearing, at which point your driving privileges will depend on the outcome of that hearing.

However, since it often takes several months and sometimes even a year before the hearing can be arranged and an outcome reached, the temporary license could last quite a while.

Can I Get A Duplicate Driver’s License During This Period?

During the post-arrest phase, when you are waiting for hearings and court dates, you can even request a duplicate license from the DMV. I have received assurance time and again from the DMV that there is nothing wrong with doing so; after all, the government wants people to have a valid, hard-copy driver’s license.

That said, it’s important for you to be honest and upfront about the DUI arrest and explain that you have been told that you are eligible for a duplicate license. Working with a lawyer to do this may be helpful. In most cases, there will be no issue, but occasionally a DMV location will not issue a duplicate license.

If the DMV hearing is lost or you are convicted and your license is officially suspended, then you will need to return the duplicate hard copy license to the DMV.

How Can I Keep Driving If My License Is Suspended?

Even if you lose the hearing and are convicted of the DUI charge, we can help you request an Ignition Interlock Device. Getting such a device installed in your vehicle will allow you to keep driving as long as you never drink beforehand.

This solution is still quite expensive and inconvenient, so while it can be a good backup, it is often preferable to contest the charges and try to get them dropped or dismissed and avoid the conviction altogether.

Is It Worth Trying To Win A DUI Case In Marin County?

You might feel your DUI conviction is inevitable, and the police and prosecutor certainly want you to, but an experienced DUI attorney may be able to find a way to win the criminal case. Doing so involves determining whether the district attorney in Marin County can meet their burden of proof.

To convict you of Driving Under the Influence, the DA must prove that

1. You were indeed the driver of the vehicle,
2. You were impaired by alcohol and/or drugs, OR,
3. That you had a blood alcohol concentration of at least 0.08% at the time.

As your DUI lawyer, I will investigate all of the evidence, including police records, chain of custody reports for the blood sample (when applicable), maintenance, calibration and accuracy records for the testing machines, and video footage.

If there is a chance of beating the conviction in court, it is often worth trying. The fines alone for DUIs can be in the thousands, and they pale in comparison with the long-term price of a conviction in terms of your career, professional license, and ability to drive.

For more information on license suspension and DUI defense in Marin County, a free initial consultation is your best first step. Get the information and legal answers you are seeking by calling (415) 520-6815 today.