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DMV Sacramento - DUI Defense Law Firm _ DMV 10 day rule  

 

Sacramento DMV Process

You only have 10 days from the date of your Sacramento DUI arrest to contact the Driver’s Safety Branch of the Department of Motor Vehicles to request an Administrative Per Se hearing and get a stay on the automatic suspension of your license.  In California if you are arrested for a DUI the DMV can suspend your license for four months on a first offense.  This suspension is based solely off of the Sacramento DUI arrest.  Pleading guilty to a Sacramento DUI will result in a subsequent six month suspension.  While these suspensions can run concurrently, the DMV and criminal court processes are completely independent of each other.  If you do not contact the DMV within 10 days of your Sacramento DUI arrest your license will be automatically suspended after the temporary license issued with the citation expires.

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Sacramento APS HearingDMV California Sacramento DUI Information

If you contact a qualified Sacramento DUI attorney within 10 days of your arrest then they can contact the DMV on your behalf and schedule an APS hearing.  This will place a stay on the automatic suspension and a new temporary license will be sent to you upon the expiration of the temporary license issued to you following your arrest for a Sacramento DUI.  The APS hearing will only review a limited number of issues regarding your Sacramento DUI arrest.  These issues include whether there was probable cause for your arrest, whether you were over .08% BAC at the time of driving and whether you were actually driving your vehicle.  It is vital to consult an experienced Sacramento DUI Defense Lawyer about your APS hearing to determine whether you should hire a toxicologist, subpoena the arresting officer or subpoena breath and blood records.

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