What Is California's 10 Day Rule?


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Upon arrest for a suspected DUI, California law allows the DMV to suspend your license. This can be incredibly inconvenient because it hinders your ability to get to work, shuttle your children, and conduct your daily routine. Under the 10-Day Rule, you may be able to stop the suspension of your drivers' license. Essentially, your request for a stay of suspension offers you and your attorney more time to build your case. In the meantime, the court can issue you a temporary license so that you are able to continue driving before you go to court.

Does the 10-Day Rule Apply to My Case?

While the court will not take into consideration your need to drive for personal or professional reasons, you have a better chance of keeping your driving privileges if:

  • The arresting officer did not have probable cause to establish your state of intoxication
  • The BAC levels were not appropriately or correctly measured
  • Your level of intoxication was below 0.08%
  • Your ticket was incorrectly filled out, or any other officer error occurred

These defenses and more can help you keep your license and driving freedoms. With a free personalized consultation at our office, we can give you a recommendation for action that best serves your case.

Understanding Your Options

If you wish to take advantage of the 10-Day Rule for DUI hearings, you must contact the law enforcement agency that gave you the DUI within ten days following your arrest. Then, you will be able to schedule an administrative hearing at which you can hear the evidence of your case. With the guidance of our knowledgeable San Francisco DUI attorney, we can then challenge your case and press toward the best possible result for your future.

Call AMIN LAW, P.C. today at 415-851-4300 or contact us online anytime.


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