The 10 Day Rule in Kern County
What is the 10 Rule?
Depending on the circumstances of your situation, an officer who stops you on suspicion of a DUI may confiscate your actual license and give you a pink piece of paper that serves as a temporary license for 30 days. The officer then processes your license for suspension by the DMV. You have 10 calendar days to contact the DMV and request a hearing to challenge the license suspension. This is known as the 10 Day Rule.
At this stage, it is in your best interest to contact a knowledgeable, experienced attorney to provide you with legal advice through this often confusing and painstaking process.
Brehmer Law Corporation has won more driver’s license hearings in the past two years than any other attorney in California and is intimately familiar with the steps necessary to challenge your driver’s license suspension.
If you’ve had your driver’s license confiscated, contact us immediately at (661) 430-0868 for a highly experienced DUI attorney in Bakersfield.
The 10 Day Rule Process
When you contact Brehmer Law Corporation immediately following your stop on suspicion of DUI, our Bakersfield DUI attorney can help you complete the necessary steps and challenge your suspension.
Within 10 days, you must:
- Call the Department of Driver Safety specific to the police department that stopped you
- Request an APS (Admin Per Se) and Stay of Suspension Hearing
- Continue contact with the Department of Driver Safety to determine a date for your hearing
Unlike a normal court hearing, in which you are innocent until proven guilty, the APS and Stay of Suspension Hearing is a different process. In California, your right to drive can be suspended unless you specifically request a hearing to challenge your license suspension.
It is your responsibility to contact the Department of Driver Safety for the separate DMV hearing to challenge your license suspension. We can help you complete this process.
When Science Meets Law
Challenging your license suspension involves understanding the scientific intricacies behind breath and blood tests administered by the officer who stopped you. These tests will be examined by the prosecution’s forensics team in the hope of using them against you.
As a Bakersfield DUI lawyer, Mr. Brehmer’s background includes not only the complex procedures of law but also the science of chemistry. He has the distinction of being named an ACS-CHAL Forensic Lawyer-Scientist by the American Chemical Society, having earned the highest student score in California.
He is highly regarded by many administrations within the forensic and legal community and has presented several times to state and local Public Defender Associations, state defense bar conferences, and law schools, as well as the American Chemical Society and the American Academy of Forensic Science.
Put science on your side. Trust our highly knowledgeable and experienced Bakersfield DUI attorney to aid in your defense. Contact Brehmer Law Corporation at (661) 430-0868.