Get a Complimentary DUI Case Evaluation
Call (831) 373-3151 or (831) 475-3151 to schedule a telephone consultation.

"I've Been Arrested and My Driver's License Taken, What Do I Do?"

Having represented everyday people who have been arrested over the last 25 years, everyone has the same questions about what is next. Everyone is afraid and anxious about the process.

Do not worry, this is normal. Take a deep breath.

This Survival Guide will explain the steps in a DUI case and what you need to do.

SURVIVAL GUIDE 

ARRESTED FOR DUI

First things first. A lot of people got arrested for DUI. Even past Presidents have had this issue. It does not mean you are a criminal or a bad person. Everyone makes mistakes. In fact, Law Enforcement may have made several mistakes in your case. More on that later.

What matters is what you do going forward.

After you were arrested you were given a pink piece of paper from the DMV. This is both a temporary driver's license and an order of suspension. If you were validly licensed before the DUI arrest, you can continue opt drive without restriction for 30 days.

After 30 days you cannot drive, and your license will be suspended from 4 months to a year or revoked for up to 3 years depending on your specific case.

Most people wonder how I am going to get to work, the grocery store, pick up my kids from school, etc. Do not worry, there is a process in place to reinstate your license. It is as easy as 1, 2, 3, 4, so long as you have not refused a chemical test. (More on that Later)

ENROLLING IN A DUI CLASS

You will need to enroll in a DUI Class. The minimum class to reinstate your license lasts 3 months. The class meets a minimum of two hours per week and there is usually an initial intake and review or exit interview at the end. Some providers will allow you to enroll early. Some DUI Class providers even allow remote attendance.

If your BAC was above .20 you will have to complete a 9-month class. The classes are impacted, and you will want to give yourself some lead time since you cannot get your license reinstated without proof of enrollment (not proof of completion in the class).

Some providers also request you bring a DMV K4 form or copy of your driving record to make sure you enroll in the right class. 
The DMV will not know about your DUI arrest for several weeks since the police officer must mail your license and the reports to the DMV. 
SunStreet is one of the local DUI Class providers and to learn more go to www.sunstreetcenters.org.
SR-22 FORM

Obtain an SR-22 form. This is a form filed on your behalf by an insurance company after you have agreed to purchase insurance for 3 years. This can be done with a simple phone call.

It is important to remember to have the company electronically file the SR-22. If they mail it will cause a long delay since the DMV takes forever to open their mail.

We recommend Breath Easy Insurance since they are an independent broker, have access to several insurance providers, and know how to help you get your license reinstated. To learn more, go to  www.breatheasyins.com.

INSTALL AN IGNITION DEVICE

Install an Ignition Device (IID). If you want to drive immediately and you are not a commercial driver and did not refuse a chemical test, the law allows you to drive immediately if you install an IID.

It must be installed for 6 months but you can drive without restriction so long as the vehicle has an IID installed. 
If you drive a company vehicle there is an exemption form, but you must install the IID on your personal vehicle. There are many providers for IID devices.

RECOMMENDATION

We recommend LifeSafer since they are a locally owned and operated company. They often offer free installation for clients of certain attorneys.

To learn go to www.lifesafercalifornia.com. If you do not want to install an IID you must not drive for 30 days and then after the suspension is over your license is restricted to work, from work, and to and from the DUI class.

You must still do the DUI class, obtain the SR-22 form, and pay the reissue fee. The restriction lasts for 11 months but you are not required to install the IID.

ADMINISTRATIVE FEE

Pay an Administrative Fee to the DMV. Once you have enrolled in the DUI class, obtained an SR-22 from, and installed the IID Device you are now ready to head to the DMV to reinstate your driver's license.

You may have to speak to a manager. Bring hard copies of the documents with you. Be polite but firm. The clerk at the DMV is trained to turn you away.

They may tell you that they have to wait for the court case to reinstate the license. This is not accurate. If the court case is still pending you may have to return to the DMV to pay an additional $55.00 after the court case is finished.

HEARING BEFORE THE DMV

You may have also noticed that the pink form also provides information on requesting a hearing before the DMV. This may make a lot of sense to you. If you request a hearing within 10 calendar days of the arrest, the DMV must issue a stay or legal timeout against the suspension.

The DMV is extremely impacted, and the hearing may not take place for several months. You can drive in the interim without restriction. They will send you another license with an open extension until the hearing is held and a decision is rendered. By requesting a hearing, you take some control over your destiny, and in the worst case, you can schedule when the suspension will occur.

The San Jose Driver Safety Office oversees cases in Monterey and Santa Cruz Counties. They can be reached at (408) 229-7100. Do not call or go to the local DMV field office.

AM I GOING TO JAIL? WHAT IS THE PUNISHMENT FOR DUI?

Please remember there are a lot of DUI arrests. Some people plead guilty immediately, some hire lawyers to help them through the process. Do not worry if you cannot afford to hire a lawyer, one will be appointed to help you in court.

The first court appearance is called an arraignment. It is where the judge informs you of the charges and asks if you want to plead guilty. There are a lot of cases on the calendar all at the same time. 
Make sure you are on time and dressed appropriately. Bring your calendar as well since you will be given dates by which certain things must be completed.

A typical DUI Sentence in both Monterey and Santa Cruz County includes a grant of informal non-reporting bench probation, meaning probation is between you and the court. There is no probation officer.

PROBATION TERM

The probation term is usually 3 to 5 years. Fines run to about $2,000 and you can make payments over the term or probation.

There is no drinking and driving meaning zero tolerance, sometimes a no alcohol term, a waiver of your right to require a warrant for a blood test, and attendance at self-help meetings like AA.

Attendance at a MAD victim impact panel. Completion of the same DUI Class that DMV mandates. It is the same class. The court may also order an IID device and lastly, there is mandatory jail time of two days.

Do not worry, most people do not go to actual jail.

The court will most likely refer you to a Sheriff's Work Program. Usually work assignments include manual labor like volunteering at the SPCA, local fairgrounds, beach clean up, Moss Landing Harbor District, etc.

GOOD NEWS

The good news is that they will schedule the work commitment around your schedule, and you are entitled to good time credits.

This means on a 10-day jail sentence you only have to complete 5 days and if you were in custody initially you may have one to two days credit against any jail sentence you may receive.

You may also be eligible for electronic monitoring in lieu of jail and the courts routinely allow for out-of-county transfers.

LET US RECAP

• You can reinstate your license so long as you have not refused a chemical test. It is as easy as 1,2,3,4.

• You most likely are not going to jail.

I hope this DUI Survival Guide is helpful to you. Of course, this DUI Survival Guide cannot answer your specific question about your case.

If you have specific questions about your particular situation, please call the Law Firm at (831) 373-3151 or contact us <Here> at https://www.johnrconiglio.com/contact-criminal-defense-dui.htm

My staff and I are here to help you 24 hours a day 7 days a week.

About the Author Attorney John R. Coniglio

Attorney John R. Coniglio has been in court litigating the most complex DUI cases, including DUI murder and manslaughter cases, for the last 25 years. John's practice is focused on professionals who have significant collateral consequences like the loss of a professional licensee.

At any particular time, John represents other lawyers, doctors, nurses, airline pilots, commercial drivers, real estate brokers, and every other profession imaginable.

Attorney John R. Coniglio also represents people who have immigration issues where a DUI conviction may cause an adverse immigration consequence. Attorney Coniglio has been a guest lecturer for the local bar association and lectured before the local public defender's office.

Attorney John R. Coniglio's trial transcripts have been used to train new public defenders. He also served on the Board of Directors for the California DUI Lawyers Association, which is an organization that helps other defense lawyers learn how to better defend DUI cases.

Attorney John R. Coniglio is also a member of the National College for DUI Defense and a member of the Monterey County Bar Association. Mr. Coniglio is often consulted by other DUI defense lawyers on scientific and DMV issues.

He is only one of a few local lawyers who has successfully sued the DMV in civil court. He successfully challenged the denial of DUI diversion of one of his military clients. His arguments were adopted by the Appellate Court in Wade v. Superior Court (2019) 33 Cal.App.5th 694.

This case set the standard for all the courts in California on how to evaluate veterans for DUI diversion. He is also one of only a few local lawyers who enjoy the AV Preeminent rating by Martindale Hubble.

The AV rating is a peer and judicial rating only awarded to lawyers who exhibit the highest level of professional excellence, communication skills, and ethical standards.

*DISCLAIMER: These materials were written by John R. Coniglio, Esq., for information only. This information is not legal advice. It is not intended to create and is not an attorney-client relationship. Do not take action based on information unless you consult with an attorney. In addition, this material may not be current.