After being charged with a DUI, you will be required to go through a court process and a DMV DUI process. This information will cover what your experience will be like with the DMV DUI process and will discuss important steps that you can complete to protect your license.
I. “The Pink Sheet”
First, you will receive a document known as the “pink sheet” in the mail. The pink sheet is very important because it provides you with TEN days to respond via fax to one of the DMV’s Driver Safety Offices (list of the DMV’s Driver Safety Offices). If you fail to respond within the TEN days, the DMV will revoke your driver’s license. If you respond to the DMV’s notice, the DMV should provide you with a hearing and thus we begin the DMV DUI process.
II. The DMV APS Hearing
Second, if you respond to the DMV’s pink sheet, the DMV will set a date for your hearing. At your hearing, a DMV employee will review the evidence that is against you and consider any of your evidence as well. Unlike the criminal standard of proof “beyond a reasonable doubt,” the DMV determines the outcome of your case by using the “preponderance of evidence” standard.
This means that if you want to win your hearing, then you must show that the evidence weighs more in your favor (think of this as you having to show the DMV employee that there is a 50% greater probability that you are not guilty). After the hearing is complete, the DMV will mail you information that says if you won or lost your case.
III. The Results of your DMV APS hearing
This is an easy step. First, respond via fax to the DMV’s pink sheet. Completing this step allows you to keep your driver’s license while you wait for the results of your hearing. In addition, you will have the opportunity to collect evidence in your favor, and also review the evidence that is being used against you during the DMV hearing and in court.
IV. The Steps to get you back on the road
There are steps you can complete to get your license back the same day that it is revoked. One just needs to meet the DMV’s requirements to reinstate your license. After receiving the pink sheet, the DMV process takes about 6-8 weeks. During the 6-8 weeks, you can complete the following steps to protect your license.
The requirements include enrolling and completing a DUI class, obtaining an SR-22 form that shows that you have insurance, and installing an Ignition Interlock Device (IID) in your vehicle. By completing these steps, you are almost done with your battle. For more information on the steps involved in avoiding a prolonged license suspension, check out this blogpost written by Mark A. Gallagher. To download a simple 4-step pdf guide, click here!
Next, on the day that you receive your notice in the mail indicating that your license will be revoked on a certain date, you can go to the DMV on the day of revocation and pay a fee of $150.00, and show that you have completed the DUI class, show proof of your SR 22 insurance, and proof that you have an IID installed in your car. Upon completing these steps, the DMV will reinstate your license that same day.
V. Conclusion
Driving is essential. If you are caught without a driver’s license, you are subject to further consequences that can only make matters worse. Additionally, the DMV DUI process is not an easy one; it is intimidating, overwhelming, and lengthy. As you can see from the information above, we can help you protect your driver’s license by preparing you in the event that the DMV decides to revoke your license. If you have us on your side, we will set up the hearing, collect and analyze the evidence against you, and represent you during your DMV hearing.
It’s important to note that every case is different; no two cases are alike and the outcomes can vary significantly. Your best shot at getting the best possible outcome for your particular case is to hire a top attorney from an experienced firm like the Law Offices of Mark A. Gallagher. Give us a call at 800-797-8406 to schedule your free consultation today or visit https://www.socaldefenselawyers.com/ for more information.
