San Diego DUI Law Center

SR22 flyer
A pink California DMV Suspension Order DMV leads to a suspension within 30  days or after an Administrative Per Se (APS) Notification of decision after a DMV DUI hearing. Normally the APS hearing is taken under submission by DMV or resolved by  your DUI lawyer. You may continue to drive in California until DMV or your DUI attorney notifies you not to.
The DMV DUI  case will be decided by written decision after CA DMV Hearing Officer
concludes careful review and analysis of all of the evidence and lawyer  objections thereto.
DMV will send out an APS DUI hearing  decision by mail – copies to driver and DUI lawyer
simultaneously 
so you must look for and wait for the DMV decision.
DMV can issue a California DMV Administrative Per Se – .08% BAC Notification of Findings
and Decision, with an effective suspension date 9 days from the date of any adverse decision.

Even after a DMV administrative per se .08% BAC or more (non-refusal) suspension, please do not worry –

you will be able to drive through the help of your San Diego DUI lawyer by selecting 1 of these 2 options:
 
1.   Restricted License:  
 
Thirty days after the effective date of a DMV administrative suspension, 
you can get a license restriction (without IID) to and from work, 
during employment, and to and from the program, by doing 3 things:
To fully reinstate driving privileges without waiting thirty days but with installation of an Ignition Interlock Device (IID) on a vehicle, you would need to do 4 things, in order:

Out of county – fastest/best service/online (recommended): Anderson & Associates Counseling Services, Inc. Call (951) 677-0777 or visit 26811 Hobie Circle, Suite 2, Murrieta 92562

Do this 1st.  Call asap for an appointment for “Orientation” to enroll.

In court, your DUI attorney simply can ask a San Diego Judge at any conviction date a court order “out of county authorized“.

Out of county – fastest/best service.  Online except for the first in person orientation to enroll appointment:  Anderson & Associates Counseling Services, Inc. Call (951) 677-0777 to visit 26811 Hobie Circle, Suite 7, Murrieta 92562.

Why schedule an Orientation to enroll in a Murrieta program?  Because you can get an appointment within a couple weeks or less.  Because if you did one of the slow 3 San Diego County programs like most other suspended drivers, it could take 3 or 4 months to get an appointment for Orientation to enroll; that’s a few months of NOT being able to legally drive.  You need to drive so when you call Anderson & Associates, you will be taken care of.
+
In order to get a restricted driving privilege or Early IID Reinstatement, you have to first be enrolled in the program (completed Orientation).  This makes sure you do it quickly and timely.

In San Diego County – Select one of these 3 backlogged, slow ones if you prefer:

If one program does not return calls or gives you too long of an enrollment (orientation) appointment, try one of the others. Check around for the fastest.

(858) 467-6810 [SDSU Central San Diego – Kearny Mesa area]
(619)741-8147 [ East County Accord – El Cajon] ,
(619) 409-1780 [MACC, South County – Chula Vista]. 
(More detailed Program information is available at the bottom of this email.)

Simply tell the program you are applying for a DMV restriction or reinstatement.

You are eligible to enroll in program because – at the time of the incident – you were given the “pink slip” (DMV temporary drivers license).

A COURT REFERRAL is ultimately issued by the Court Clerk’s Office or Court Assessment Unit (SAAU) for SD programs.  Anderson requires judgment minutes. 

The Program typically wants a COURT REFERRAL or JUDGMENT MINUTES once you get it but you do not yet need it to enroll in the Program.  You can provide the Program a copy if/when you get it later.

 See one Program’s own website at Enrollment:

“If enrolling via a DMV Administrative Per Se, please provide documentation.
For more information, read more about the DMV Administrative Per Se (APS) laws.”
Documentation Provided by the DMV:

If your Blood Alcohol Content (BAC) at arrest was .08 or above, you may enroll in our program under the DMV Administrative Per Se (APS) law, prior to obtaining a court referral. You may enroll with the temporary drivers license (pink slip) issued by the police officer at the time of DUI arrest.

According to DMV:

“NONCOMMERCIAL RESTRICTED LICENSE

To be issued a restricted driver license, you must:

Enroll in a licensed DUI First Offender program. (You must notify the program provider that you intend to apply for a restricted driver license.)

Ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender program with DMV (CVC §23538(b)). 

File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate under CVC §16430). 

Pay a $125 (Admin Per Se) reissue fee. 

Wait until the end of the mandatory 30-day suspension period before applying for a restricted driver license. 

Request a driving privilege to allow you to drive to, from, and during the course of your employment to and from the DUI program.  DMV MAU (DMV Mandatory Actions Unit) can thereafter tell you the length(s) of your restriction(s), whether the restriction term follows:

(1) the DMV administrative per se action, or separately and independently,
(2) any VC 23152 conviction which requires a separate $55 reissue fee to be paid prior to reinstatement.

In San Diego Superior court, your DUI attorney should sure the court does not determine that you present a traffic safety or public safety risk which would otherwise preclude DMV from authorizing you to drive.

Fortunately you will get double-credit from both court and DMV for the same program.  You should forward proof of enrollment to your San Diego DUI lawyer for court.  

After then, once you are enrolled in the program, and have the program file proof of that enrollment directly with DMV, you can get a reinstated license as long as you also have contacted your insurance company who will electronically file an SR-22 proof of insurance certificate (not insurance id card) and as long as you pay the reissue fees to DMV.

After you enroll in the program and the insurance company files an SR-22, they will send proof to DMV.

Once you have the proof of enrollment and  in place, you just go to a local DMV field office and pay any reissue fees for reinstatement/restriction.   Information on paying DMV reissue fees is located here.

There are considerable delays between calling & getting an orientation appointment (so you can get proof of enrollment) and between getting proof & DMV receiving it.  So you need to call the program immediately to make an appointment for enrollment.

DMV Order of Suspension after conviction:

When a VC 23152(b) court conviction hits DMV, you should be sent another Order of Suspension by DMV.  (DMV does not provide a copy of that multi-page letter from Sacramento to your San Diego DUI lawyer).  There is an independent and separate license suspension period arising out of the court conviction which could be converted to a restricted license depending on when you go back to DMV, when you enroll in the CA program, and what the period is when you go into DMV with proof of enrollment, SR-22 and payment of reissue fees. 

In addition to any $125 reissue fee DMV requires the separate administrative per se suspension, upon court conviction, DMV also can suspend meaning you pay a $55 reissue fee to again get restricted or reinstated driving.  That won’t be a major problem.  If you get that letter, simply pay DMV the second reissue fee (as a result of a court conviction hitting DMV’s records) and you have your reinstatement again retroactively.   (This is separate & independent from any other DMV action.) 

Sacramento’s future computer-generated Order of Suspension arising out of the court conviction will be 6 months for BAC of .19% or less or 9 months for BAC of.20% or more, for a first offense.  (For a second offense, the suspension and restriction periods are longer.)
Once you pay DMV’s separate, second reissue fees after the Order of Suspension arising out of the conviction, DMV can give you a full IID reinstatement or a restricted license to and from work, during work, and to and from program.  Only DMV can also tell you long the IID reinstatement or restriction term will ultimately last.

DMV Mandatory Actions Unit in Sacramento at 916/657-6525 has the final say in how long a restricted license remains in effect, usually 11-12 months after 30 days following an administrative per se suspension and additionally after any separate & independent VC 23152 court conviction.

SR-22

DMV requires an SR-22 to be filed by an Insurance Company for 3 years in order to get a reinstated or restricted license.  

You may be able to lock in the lowest possible 3 year rate now.

In considering your insurance options, it is strongly recommend calling Alondra Ambrocio at (714) 809-9940 or emailing for a free quote and White Glove Insurance Service help.  You could Email Alondra at insuredbyalondra@gmail.com.

An SR-22 is notification from your insurance company to the DMV that you have auto liability insurance in effect in the State of California which satisfies the minimum insurance coverage required by the State. 

This insurance notification is typically required by the State for 3 years from the date an original suspension would have ended which can be determined.

If your policy lapses for any reason (miss a payment, get canceled) the insurance carrier is REQUIRED to notify the DMV who is supposed to then notify you that you will have to file another SR-22 with them by a certain date or your license will be suspended. This form, typically filed electronically, is the only form the The Department of Motor Vehicles will accept. They will not accept proof of insurance / ID card as a substitute for the SR-22. 

When is the SR-22 required?

This will be required since:

(1) you were arrested or detained for DUI;
(2) you have your license suspended;
(3) you are required to take an alcohol program; and
(4) you will get a restricted license or early reinstatement. 

To get a restricted or reinstated license, you have to first do these things:

(1) Provide DMV proof of financial responsibility (SR-22).

(2) Provide DMV proof of enrollment in approved California alcohol program. 

(3) Pay DMV re-issue fees after (1) + (2):  $125 for initial DMV administrative per se suspension, plus $55 after any VC 23152 court conviction.

(4) Install IID if full Early Reinstatement of License option.  Must be done before payment of DMV reissue fees.  (If you instead choose the restricted license option, no IID unless required by court or second offense.)

DMV Mandatory Actions Unit in Sacramento at 916/657-6525 has the final say in how long a restricted license remains in effect, usually eleven months after thirty days following an administrative per se suspension and additionally after any separate & independent VC 23152 court conviction.

If you installed an IID to get early reinstatement after a DMV administrative per se suspension, upon receipt of an Order of Suspension arising out of the separate court conviction, you may be charged apx. $165 ($95 admin fee, $15 IID fee, $55 reissue fee) when you reinstate your IID driving privileges the second time.
DMV may also charge a $30 hard copy license fee upon paying reissue fees.  With a huge Multi-Billion Dollar annual budget, DMV seems to regularly increase and add fees.

Insurance minimums in California:

For private passenger vehicles per accident: $15,000 for injury/death to one person. $30,000 for injury/death to more than one person. $5,000 for damage to property. 

If you currently have an SR-22 and want to move to another state you must maintain the SR-22 like you still live in California – even though you no longer reside here. Also, your insurance policy for the new state must have liability minimums required by law in California. This applies even if you move to one of the states that does not have SR-22 insurance: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania.
 
If you insurance company cancels your insurance because of a conviction, you will receive a notice indicating that your vehicle registration will be suspended if new insurance information is not submitted within 45 days. 

A skilled insurance broker can often times save you from being cancelled or having your insurances rates double (typical through State Farm, for example) upon this appearing on your driving record.

The SR 22 is filed electronically so you do not have to worry about delivering an original.

Please feel free to call Alondra Ambrocio at (714) 809-9940 for a free quote and all insurance-related help.  

Alondra will treat you like family.   You may want to call Alondra to get a free quote regardless of your insurance situation.  Alondra regularly saves every one a lot of money. 

6 Reasons to use Alondra (rather than your present Insurance Company):

1) You would not have to tell your Insurance Co. you need an SR-22 which is only needed because of a DUI.

2) Immediate SR-22 Filing!

3) You can get insurance quicker than anywhere.

4) Alondra has many years experience dealing with DMV and related driving privilege issues arising out of the DUI.

5) White Glove Service – be treated my family.  Mention you are my Client.

6) Clear path on navigating through driving privilege & licensing process.

 

Early IID Reinstatement:

An Ignition interlock device (IID) is a mechanism similar to a breathalyzer which is installed in a vehicle’s dashboard. Before the vehicle can be started, the driver must breathe into the device. If the analyzed result is over a programmed blood alcohol concentration, the vehicle will not start. 

To get an Ignition Interlock Device installed, simply contact any IID service provider near you by Googling “Ignition Interlock Device near me.

Intoxalock – Ignition Interlock Provider:  Find a Location Near You at IntoxalockSelect.comIntoxalockSelect.com/Partner/NCDD.com, call (877) 268-9480, or call (877) 393-1939.  If you are a Client of DUI Attorney Rick Mueller of San Diego County DUI Law Center, simply say you wish to receive benefits (attached) including:

Free* installation rebate credit, up to $100 of installation

$200+ in Fee Forgiveness***
VIP 24/7 support from friendly, knowledgeable experts
Convenient locations
Flexible payment options
Same-day install**
FREE Intoxalock mobile app, and/or
Less than $30 to get started.

Costs may vary.  Compare prices.  Try to get the best overall deal for you.  Here are some quotes from other IID providers:

Installation:  $50-65 for most cars; some high end imports and push button start cars can cost more on a case-by-case basis.
Monthly monitoring:  $50-77.
DMV Mandatory Action Unit (MAU) at (916) 657-6525 has the final say on how long an IID must be installed and when it can be removed.

You may want to finish the CA alcohol program as soon as possible if you do the IID Early Reinstatement option.

If DMV or its Mandatory Actions Unit notifies you that your Reinstatement/Restriction period is longer than you may have thought, or fails to give credit for any previous suspension/reinstatement/restriction, that is not unusual.  DMV has the final say and it often means having to go through suspension actions by DMV (administrative per se) before a concrete length of time is determined by DMV.  DMV is notoriously confusing.  You usually can expect differently stated restriction periods.

On the bright side, the ignition interlock device (IID) will guarantee you will not be at risk for another DUI with significantly increased penalties, or being charged with Penal Code Section 166 – Violation of Court Order not to drive with a measurable amount of alcohol and a Vehicle Code Section 23154 DMV mandatory 1 year suspension without any restriction option if you blow .01% or higher upon being stopped while on probation.  It may also guarantee you do not suffer a probation violation for blowing .01% or higher.  Most importantly, it will avoid any possibility of another DUI while installed.  Another DUI would raise the stakes substantially in terms of penalties and punishment.

Detailed information on San Diego County’s 3 Alcohol Programs:

The Program is the provider authorized by both the Court and DMV.  Upon conviction in court and assigned a program as part of your probation, or if DMV sends you a decision suspending your license or driving privilege, you will be required to participate in the program.  

For a first offense, you must do the required minimum 3 month program, but if your BAC is .20% or more you must do the required 9 month program.  For a second offense, you must do the 18 month program.

You fortunately will get credit from both court and DMV for the same program.  

Central District
9245 Sky Park Court, Suite 101
San Diego CA 92123
Phone: 858-467-6810
San Diego State University website: San Diego State University DUI Program

East County Accord
Phone: (619) 741-8147
850 Arnele Avenue
El Cajon, CA 92020
ACCORD — Episcopal Community Services


Metropolitan Area Advisory Committee MAAC
1355 Third Avenue
Chula Vista, CA 91911
Phone: 619-409-1780
 MAAC website: MAAC – Driving Under the Influence (DUI) Education

For a complete statewide list of all California licensed provider programs, click here: Licensed Driving Under the Influence Providers.

You may be in a good position to minimize the length of the two separate DMV suspension actions,
one arising out of the court conviction and the other arising out of the Administrative Per Se action.
When a court conviction hits DMV, within a number of weeks you should be sent an Order of Suspension by DMV.
DMV does not provide a copy of that multi-page letter from Sacramento to me, so please forward me to your DUI lawyer.
DMV will initially send you (only the driver) that computer-generated Order of Suspension to conviction date, 
and subject to any DMV administrative hearing decision which may or may not create a 30 day wait, 
once you have the DMV issue the restricted license after doing the three requirements (enrollment in the program,
filing of SR-22 by your insurance company and payment of DMV reissue fee), you have a restricted license to drive.
DMV will initially require you to pay a $55 reissue fee in order to get your restriction instead of suspension.
If you get that letter, go in and pay their $55 reissue fee (as a result of a court conviction hitting DMV’s records)
+ $15 restriction fee .

In addition, after the separate DMV administrative per se action, DMV will notify you you must pay $125 reissue fee arising out of any DMV Notification of Findings and Decision.

We hope this helps you to be able to legally drive by following the above instructions.

Leave a Reply

Your email address will not be published. Required fields are marked *