The First 48 Hours After a DUI | Getting Your Driver's License Back | Easing the Consequences of a DUI | Fighting a Mendocino DUI

1. Write a Detailed Narrative Account of the Incident
2. Hire a Mendocino DUI Lawyer
3. Why is contacting DMV so important?
4. Calendar Court Date
5. Save the Pink Temporary License
6. Look for and Preserve Physical Evidence
7. Photograph the Scene
8. Fix Trigger Problems
9. Avoid Fear & Stress
10. Don't Act on Casual or Bad Advice

Defenses rely on specific facts, but memory begins to fade immediately. A top Mendocino County DUI attorney will tell you that it is really, really important to immediately write down an honest account of what happened and include everything leading up to the initial encounter with Mendocino County law enforcement and during and after. Defenses are in the details, and also, later testimony is more credible in front of a Mendocino jury or the DMV hearing officer if you remember more than only the facts which establish a particular defense. The more details you remember, the better the chances of identifying defenses, appearing more credible, and winning a case in Mendocino County.

It is always best when discussing facts which could have adverse legal consequences that you maximize confidentiality. Write "confidential attorney-client communication" at the beginning of the narrative and send it to your Ukiah DUI lawyer during the first two weeks following the arrest.

Who, what, where and when.

You can begin to see why this Tip for how to write your narrative is so extensive if you review Ten Tips to Fight a Mendocino County DUI, on this site and understand that we are trying to find the facts which establish one or more of the many ways to defend a DUI. So in your narrative of what happened, Mendocino County DUI attorneys want you to focus on the who, what, where, and when. Where had you been prior to driving, and where were you headed? Where were you before the driving which resulted in the police contact? What time did you arrive at the last location and what time did you leave before the police contact? Who were you with, who saw you leave? Always include how you remember each time or event: was it at last call? 10 minutes after closing time? Do you remember looking at your watch or car clock, or did someone remark on the time? Time stamp on a bar receipt? Credit card record? Cell phone record?

Include for your Mendocino County DUI lawyer your route of travel, and any recollection of traffic conditions in Mendocino County. When and where did you first see Mendocino County law enforcement, precisely when did you see red police lights or otherwise believe you were no longer free to leave, specific words exchanged, why were you pulled over, or if you were already stopped or parked prior to seeing the police, then why, and precisely when and where did you stop (include how you recall the time), whether it was a deserted or busy area? Who was with you before and during the arrest?

Finally, include seemingly irrelevant recollections such as your clothing, the weather, and how you were feeling that day; this kind of information may be useful for your Mendocino County DUI lawyer. Who was the arresting agency: Mendocino CHP, Mendocino County Sheriff, Ukiah or Willits police or another local agency? A "turn over" to CHP or other combination of Mendocino County police agencies?

Vehicle accidents

If you were in an accident in Mendocino County, your Mendocino DUI attorney will want you to include in your narrative details such as location, who was at fault, who phoned for help, precisely what time of day or night did the accident happen (check and keep phone records and receipts), who arrived at the scene first, how long did it take for the first witness or police to show up, how many Mendocino County police or emergency agencies were finally present, did you see any injuries, was the accident scene rural or in town, deserted or were there people or cars passing by, did the police engage traffic diversion procedures, road blocks, etc.

Eating, drinking, medications

Include for your Ukiah DUI lawyer a description of any medications you were taking and/or physical or mental conditions you may have. Include a description of your eating and drinking (including drinking while driving and/or especially drinking after driving), where, what, how much, and actual time of start and finish for each meal and for each drink, and/or medication, duration from time of last drink to time of driving to time of first Mendocino County police contact and from time of driving to time of blood and/or breath tests, location, estimated time, and results of each breath or blood test.

Protect your own interests

Getting a local Mendocino County DUI lawyer gives you your best shot at beating a DUI in the local Mendocino Superior Court, and protecting your driver's license at the Ukiah DMV. All of the other parties to your case have their own agendas: the arresting officer, the DMV, the Mendocino County District Attorney and the Mendocino County Judge. For a more detailed discussion of the police agenda, see Ryan's discussion in this Top Ten Tips series: Don't Follow Bad Advice. The judge and assistant district attorney who are examining your case are both highly disciplined and experienced lawyers, and, together with the DMV hearing officer assigned to your case, all of these local DUI authorities who are about to make decisions about the outcome of your matter are guided by much broader public safety considerations than just you or your own personal hardship, family needs or future job security.

Mendocino County DUI attorneys are specifically hired to protect you in every practical way. Not only can the outcome of a Mendocino County DUI affect you for the rest of your life, but in addition, all kinds of unexpected complications in Mendocino DUI cases can trip you up, and all kinds of shortcuts exist making it easier for you to comply with far less pain at the end of the day; only Mendocino DUI lawyers are uniquely positioned to navigate you through this situation, and no one has the expertise to go it alone.

Would you perform medical procedures on yourself? Engineer your own home? Fix your own plumbing or electrical problems? Sue a big company without a good lawyer on your side? We hire professionals to address and properly fix all kinds of problems in our lives, expertly and correctly from beginning to end, with minimum confusion and stress, with maximum information and flexibility, the options and execution you need right now. Don't follow casual advice from friends or try to do this yourself; you should have a Ukiah DUI lawyer looking out for your own best interests and easing the consequences so that you may move on with the least stress and inconvenience.

Public defenders. If you really cannot afford to hire a private Mendocino County DUI lawyer, then it's almost always advisable to appear at the first court date in the Mendocino County courthouse and when your case is called by the judge, don't try to explain your case or circumstances or ask for a break, but rather, at the very first moment that you are permitted to speak, simply ask for the Mendocino County Public Defender to be appointed.

Note: Mendocino County public defenders do not handle DMV proceedings in Ukiah or elsewhere, and typically you are not permitted to speak with them prior to your first court appearance. Also, typically you have to physically go to court for the first appearance and every proceeding in your case, as opposed to private Mendocino DUI lawyers who go for you while you go to work or stay home. However, although public defenders get a bad rap because they typically can't spend as much time with you as compared to a private DUI lawyer, nevertheless their service is excellent and highly valued.

Representing yourself. Although you have a constitutional right to represent yourself according to the US Supreme Court's Faretta Ruling, understand that in any civil or criminal case, it is nearly always considered a mistake to represent yourself in court. This is because the other side (in Mendocino County criminal cases, the other side is the State of California) has its own highly trained lawyer (the District Attorney), with a bank of assistant lawyers and staff, but you don't have such support if you represent yourself, and therefore you are at a severe disadvantage. In addition, one is always biased and sympathetic to one's own personal situation, and unable to objectively advise yourself of your own best interests. This is true even for defendants who are themselves lawyers and is the fundamental reason why "a lawyer who represents himself has a fool for a client." See also the Sonoma County Superior Court's Faretta Waiver advisements and warnings if you still wish to consider this ill-advised alternative to affordable counsel.

DUIs are actually very complicated

If you don't see how involved and complex even a first DUI can be in Mendocino County without a lawyer, then click on our Mendocino DUI Lawyer Anatomy of a DUI on this site and see the many different directions a Mendocino case can go, as well as the collection of obligations, timetables and tasks to perform. A local Mendocino DUI attorney who can guide you through the maze of bureaucratic doo-doo, not to mention the possibility of getting charges reduced or dismissed, is well worth the expense. Your situation requires an attorney knowledgeable in the precise area of the law in which you find yourself. Consider just a sample listing of possible DUI defenses on this site by clicking on Ten Tips for Fighting a Mendocino County DUI. A DUI should be handled by a criminal defense lawyer who regularly defends DUI cases in your courtroom.

Here's what a Mendocino County DUI lawyer does for you

A private DUI lawyer will go to Mendocino Superior Court or traffic court for you and in most Mendocino County cases you don't ever have to appear. This is particularly helpful if you don't live in Mendocino County. A private Mendocino DUI lawyer should also handle the DMV case for you so you don't have to yourself (these hearings are usually litigated in the Santa Rosa or Petaluma satellite DMV offices). The value of this convenience and the possibility of a Mendocino DUI lawyer successfully obtaining lower or dismissed charges and protecting your driver license, is well worth a reasonable Mendocino attorney fee.

Any good Mendocino County DUI defense lawyer will closely examine the Mendocino County Superior Court complaint against you and the police report completed by Mendocino County law enforcement, looking for any glaring or less obvious defenses, and then sit down with you for as long as you need, explain everything to you and ask you to make your own decisions after you understand the issues, likelihood of success, possible additional costs if any, and probable risks and consequences. A good Mendocino DUI lawyer will help you navigate the minefield of possibilities, get you through the bureaucratic mess which is present in every Mendocino County DUI arrest case, help you understand the multiple tasks facing you, and coordinate the timing of tasks and resolutions, to get all of this behind you from arrest to resolution with the least amount of stress and pain. 

Why is using a local attorney so important? Choose carefully

A local DUI lawyer who lives and practices in Mendocino County is far better than one based in Marin, San Francisco or LA, because lawyers who regularly practice DUI law in Mendocino know how the Ukiah DMV, and how the Mendocino County judges and Mendocino County District Attorney react to certain cases, and we know the available options and procedures here in Mendocino County which often vary widely in different counties. For example, a standard no-defenses second DUI in Mendocino County is typically sentenced to thirty days of jail, but all of the time may be served by volunteering with the county if you are not otherwise ineligible. By comparison, in Marin County the typical sentence for the same charges is fifteen days instead of thirty, and four days must be served in actual custody. Napa's typical sentence for a second DUI is only ten days of jail, all of which may be served with a jail alternative. Local Ukiah lawyers who actually live and practice in Mendocino County know Mendocino County DUI practices and procedures.

If you don't see how the wrong DUI lawyer can be a catastrophe, click here to see an authentic Bad DUI Lawyer Email Sent to Ryan complaining about a remote lawyer, missed court appearance, arrest warrant, ridiculous DMV phone hearing resulting in a two-year license suspension, total disaster.

Ask questions, and choose carefully; here's another real statement, from one of Ryan's former clients: "I also wanted to share something that you may or may not wish to add to the testimonial (if you've used it). Since being in the DUI program, I've come across a wide range of folks who have had varying experiences with their lawyers. Every time someone shares a story, I am even more grateful than ever that I sought you out and that you agreed to take my case. I've heard stories from people whose lawyers won't answer any questions after court, who wouldn't appear for them in court (it's possible that they weren't allowed to I suppose) or who gave such minimal information that they have been left to navigate much of the DUI laws and DMV processes by themselves. So, thank you again for all of your help, your honesty and bluntness, and your follow up."

Don't pay extra by being fooled into hiring a smooth talking "big name" criminal lawyer based in another county like San Mateo, Marin, San Francisco or Los Angeles to whom you pay more money so that he or she can hopefully accomplish the exact same result as a Mendocino County DUI defense attorney, or worse yet they turn around and hire a local Mendocino no-name contract lawyer to appear for you. The quality of representation might be adequate but still a waste of additional money and an unwanted additional layer of people and miscommunications.

If you wish to test whether your prospective lawyer is truly knowledgeable and local, ask how many offices he/she has, where his/her primary business office is located, how often he/she appears personally in Mendocino as compared to other courts, when was the last time he/she physically stood in front of a Mendocino County judge on behalf of a client arrested for DUI, at which DMV office he/she conducts DMV hearings, and what is his/her personal understanding of a standard no-defenses DUI sentence in Mendocino County. The answers should be immediate, specific, and confidently provided to you.

Don't go to court for a DUI. Let your lawyer go instead

It is much easier for you (and well worth it) if you do not have to take time off work and attend a stressful and confusing appearance in Mendocino superior court in Ukiah or Fort Bragg if your attorney determines that there is no other reason for you to attend. Most court appearances are boring for non-lawyers, and the first appearance in Mendocino County is usually only meant to trade papers and information and set new dates, not to argue anything of substance. Typically in Mendocino, Napa and Sonoma Counties, you are not required to attend a misdemeanor court or DMV hearing with your DUI lawyer unless there is a substantial proceeding where evidence is to be formally introduced (usually only a contested hearing or actual trial proceedings). In Marin County you must only attend sentencing if you live in Marin or a bordering county.

Will your absence be noticed by the court or required by your attorney?

No, as discussed above, in most cases court appearances are strictly procedural. Unless special circumstances are present (such as a high blood alcohol level alleged, multiple priors, or a violation of probation), judges do not wish to speak to a defendant at such proceedings. Clients who live in Ukiah, Fort Bragg, Point Arena, or towns in Mendocino County, rarely, if ever, come to court in typical DUI cases. This doesn't mean you'll be left in the dark about your case. A good DUI attorney will explain the entire process. To start, click here to see Ryan's comprehensive Anatomy of a Mendocino County DUI flowchart. In addition, Ryan's tech know-how can be very helpful to avoid the need for client travel, meetings or appearances, especially at the procedural beginning of a case. If requested, we .pdf police reports and other case documents to you within 24 hours after court appearances.

You can (and should) closely follow the progress of your Mendocino County case by regularly communicating with your DUI lawyer before and after Ukiah court appearances, and follow your case separately online by clicking on Resources on this site and then find your local court under "Superior Courts" by clicking on the county where you were arrested (for example, Mendocino, Sonoma, Marin, or Napa), and search your name. Mendocino Courts have an online calendar for Ukiah appearances several days in advance, by courtroom number, listing date, name, type of hearing, and case number. Sonoma Courts publish a daily online calendar listing name, courtroom number, case number and one charge for your case. Napa Courts have a similar online calendar. Marin Courts have San Rafael appearances online weeks in advance.

Beware the driver license sting operations. Important!!  If you have a suspended license, don't drive, and if you drive to court, you stand a chance of being arrested in sting operations where police watch in court and radio to officers waiting for you when you drive away from the courthouse. These stings have been conducted in Napa and Sonoma County at random times throughout the year and result in huge additional headaches (not to mention more jail time) for those caught. The picture taken (left) by Ryan was an example of such a sting operation in Sonoma County. Click here if you don't believe it! Santa Rosa Court Sting.

Don't pay a reimbursement bill from a police agency or hospital before speaking to a lawyer!

You might get a bill from the police. Some police agencies routinely mail reimbursement bills to attempt to recoup costs for arresting you! Even though you may be a Mendocino County taxpayer and may have already paid for the police department, the police car, and the salary of the police officer whose arrest you are now fighting, still, in these tough economic times Mendocino County agencies may try to bill you for reimbursement of their costs for the actual DUI arrest incident pursuant to Government Code Section 53150. Click here to see a CHP Invoice, a CHP "Second Notice", or here Santa Rosa Police Invoice.

Although an invoice pursuant to this law may be valid if emergency personnel were required to respond (for example an ambulance, paramedics or fire trucks responding to a DUI accident scene, or more CHP or Ukiah officers to manage traffic interruption), nevertheless, the California Court of Appeals for Mendocino County has ruled that an ordinary arrest for DUI is not a sufficient trigger event to require reimbursement to Mendocino County law enforcement under this law. See, California Highway Patrol v. Superior Court (Allende) (1st Dist 2006) 135 C.A.4th 488.

A recent example. A recent CHP invoice received by one of Ryan's DUI clients who was subjected to a typical, uneventful DUI arrest, states that "the defendant herein shall pay to CHP the total indicated below" listing 5.2 personnel hours and a total due of $469.33. After reviewing this client's incident, and the invoice received, Ryan was outraged by the intimidating and misleading "defendant shall pay CHP" language in the invoice from an agency whose leaders are sworn to uphold and enforce the law; he advised this particular client not to pay her bill based on the individual facts in her case, and fired off a Counsel's Reply Letter on her behalf.

Although failure to pay may result in a debt collection lawsuit (civil, not criminal case), or may cause an item to be referred to the franchise tax board or a collection agency risking a negative credit incident (many if not most people may never hear from the police agency again, especially if the arrest was in fact uneventful), such possible risks may be addressed, minimized and/or negated with vigilance and protest when the claimed debt is disputed and invalid on its face.

2011 Allende II ruling: On December 9, 2011, the Court of Appeals for Mendocino County DUI cases re-examined the issue of when CHP can recoup costs for DUI-related incidents, in Allende v. Dept of California Highway Patrol ("Allende II"), and upheld the CHP's latest policy, to seek cost recovery "for any incident in which an officer is dispatched to a call resulting in a DUI arrest of a driver."

To the dismay of Mendocino County DUI lawyers, the Allende II court embraced its "Fox Guarding the Chicken Coup" approach to when CHP can collect money from citizens whom they arrest for DUI, writing about the "wisdom of deferring to CHP expertise" in this inquiry, and noting the CHP's stated internal policy where "the CHP has instituted an internal appeal process under which arrested drivers may challenge an officer's initial determination that an incident qualifies for cost recovery. According to the evidence, "when [the CHP] send[s] out an Emergency Response Cost invoice under the CHP's Cost Recovery Program, and disputes arise over the propriety of the invoice, [it] has established procedures for investigating, reviewing, and resolving such disputes . . . ." For example, if "the dispute involves a contention . . . that no emergency response to an incident was involved, [the CHP] will put the invoice on hold and forward a copy of the invoice file (including the dispute letter) to the area office from which the incident arose. Information is requested from the area office so that an appropriate response can be made. If it is determined that the invoice was mistakenly issued, [the CHP] will cancel the invoice and inform the disputant of that fact. If the area office believes the invoice was properly issued and the disputant does not agree, or if the contention involves a dispute regarding the Government Code, the matter may be referred to the CHP's legal office. The CHP's counsel will then review the materials. When the CHP's counsel concludes an invoice was not appropriate, the charges are cancelled."

Allende II also upheld the specific formula for determining the amount of reimbursement in a Mendocino County DUI arrest, where "CHP calculates annually a standard hourly rate for its officers by taking the monetary wages paid to a mid-step traffic officer, adding the cost of benefits (retirement contributions, health insurance, workers compensation and Medicare contributions) and dividing that amount by an officer's "total actual working time," which includes the total number of hours an average officer works after subtracting paid time off for holidays, vacations and other leave."

Ukiah DUI attorneys are following these developments and are in the best position to advise someone arrested for a DUI in Mendocino County who subsequently receives a bill from a local police agency for the type of cost recovery described here.

You might get a bill from the hospital. Often a DUI arrest involves a blood test, because a breath test was unavailable, or because you chose the blood test rather than the breath test, or because the officer informed you (as they are required) that the breath-testing equipment does not retain any sample of the breath and that no breath sample will be available after the test which could be analyzed later by you or your DUI lawyer, and because no breath sample is retained, you have the opportunity to provide a blood or urine sample that will be retained at no cost to you so that there will be something retained that may be subsequently analyzed for the alcoholic content of your blood. See Vehicle Code Section 23614.

The fact that the police do not have access to their own medical staff, or to a paramedic response (many police agencies do have such access), does not mean that you should have to pay for alternative hospital staff to perform the blood draw while you are in state custody exercising a right protected by law which specifically states that there will be no cost to you. If you received such a bill (click here for an example of a hospital bill for blood draw), then you should discuss it with a Ukiah DUI attorney before paying it. Always discuss your individual circumstances with a Mendocino County DUI lawyer because they may affect the actual advice given to you in your unique case.

DUI defendants should always consult with a Ukiah DUI lawyer about the individual circumstances of an arrest before being intimidated into paying any such invoice from Mendocino County or state law enforcement agencies.

The best Mendocino DUI lawyers will explain to you at the beginning of your first conversation that, in nearly all Mendocino County DUI arrests, the arresting officer confiscates your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you have an out-of-state license or the alleged DUI is only drug-related, or there is otherwise no or very low alcohol testing. Click here to see a real example of this type of notice: Pink Temporary License.

The last paragraph of the pink license (look for the heading "Hearing Information" towards the bottom, as pictured here) states that you have only 10 days from the date you received the notice to ask the DMV for a hearing (it's called an Administrative Per Se "APS" hearing) in order to stop the DMV's automatic suspension or revocation of your driving privileges in the State of California. Usually this 10-day period starts on the DUI arrest date, but not always -- check the written "Detention/Arrest Date" at the top of the pink license itself. There is no reference to business days, so this "10-Day Rule" means ten calendar days (although there may be rare exceptions, see below). This DMV suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different and independent from the court's proceedings. For example, you might win in court later if your Mendocino County DUI attorney succeeds in having your case dismissed, but still lose your license because of this separate DMV APS proceeding and DUI suspension.

Click on Ten Tips To Get Your License Back on this site for a detailed explanation of the differences between the APS suspension and the Mendocino County court's separate conviction-related suspension. You will begin to see why hiring a local Ukiah DUI lawyer to defend you at the Ukiah DMV and in Mendocino County Superior Court is a good idea.

If you hire a Mendocino DUI lawyer then the lawyer can (and should) contact the San Francisco DMV for you, but usually you or your lawyer must request this hearing within 10 days of your DUI arrest or service of the pink notice and license, in order to be certain to preserve your right to challenge any DMV license suspension later at the DMV. If you miss this deadline, then in most cases you lose any ability to completely protect your driving privileges. Usually, early in a DUI case before we know how the arresting officer will describe the incident, the best defensive strategy is to aggressively preserve all of your options by means such as a timely and proper request for a DMV hearing as soon as possible after the DUI arrest.

Obtaining a stay on the pending suspension

Typically the pink temporary license handed out after a DUI arrest gives the holder 30 days of driving privileges (assuming you are otherwise validly licensed). But what about after that 30 days? If your Ukiah DUI lawyer successfully requests the DMV hearing within the first 10 days from the date of the DUI arrest, then the DMV is usually required to stay (postpone) the suspension which would have been imposed following expiration of the 30-day pink temporary license, and send the arrestee a New Temporary License which is intended to allow driving until the outcome of the hearing. In Mendocino County, these new temporary licenses are usually issued once your Mendocino DUI attorney sets the date of this requested hearing a few weeks after first contacting DMV. The new replacement temporary license usually lasts about four months from the date of issue. The new temporary license can be extended or shortened by your Mendocino DUI lawyer depending on when the DMV hearing issues are expected to be resolved.

Public defenders do not handle DMV

If you decide you want a Mendocino DUI attorney but you intend to ask for a public defender to provide for your defense because you believe you qualify financially for a court-appointed lawyer, then understand that the Mendocino County public defenders do not handle DMV cases and do not have nearly as much experience as most private DUI lawyers defending DUIs at the DMV. And even if they could handle DMV in a different world, they are nearly always appointed only after you personally appear in Ukiah court, usually well after the 10 days from arrest, but the fact is that Mendocino County public defenders only handle Mendocino County criminal cases, and DMV is a separate administrative law proceeding to lose or protect your driver license.

How to request the hearing

Note that different attorneys might provide different types of information to DMV about you and your incident depending on the unique circumstances of your case, so if you are going to hire a Mendocino County DUI attorney inside the ten-day period following arrest, then asking your attorney to accomplish this hearing request on your behalf allows him/her to proceed as they are most comfortable, given the facts of your case and in your best interests.

If you still wish to do this yourself, then you may telephone the DMV at the number provided on your temporary license (or click here for info on how to Contact a DMV Driver Safety Office), and then follow up with such confirmation as a written certified return receipt mailing to the proper address on the temporary license. To be effective, you may want to include in the mailing your name, driver's license number, and date of arrest. To preserve all of your options, you may specifically request an "in-person" hearing in Santa Rosa (assuming you live in Mendocino County or will be hiring a local attorney). If you are still considering hiring a DUI attorney, you may inform the DMV of this so that they can wait to schedule the hearing directly with your Mendocino County DUI lawyer at a time that is mutually available.

To be fully prepared, you may also request "discovery" which is the packet of information which will be used by local DMV to support the ultimate decision whether to suspend your license. By asking for the discovery, you will be able to see what documents the DMV has collected to be used against you, including what the Ukiah or Mendocino County law enforcement officer said about your case, his/her reasons for pulling you over or first encountering you, your performance on any field sobriety tests, and the results of any blood or breath alcohol tests, etc.

Don't be discouraged by confusing or incomplete advice, or unexpected questions

Don't be discouraged by the constant busy signals, or long-winded recordings, and, as discussed in Tip #10 ("Don't Follow Bad Advice") on this site, don't be discouraged from asserting your rights in person if, for example, a Mendocino County police officer, or Sacramento or San Francisco DMV phone operator, or Santa Rosa DMV counter clerk states that you don't "need to" or "have to" get a DUI DMV hearing, and you should just "wait" until you receive a DUI suspension notice from DMV.

During a new client call, one woman arrested for DUI told Mendocino DUI lawyer Ryan, "I called the number this morning and asked if I should have a hearing date, and the DMV lady said "It's up to you, why, are you disputing it?" So I said "No, I got a DUI so I guess not," and she said "Your license is valid now for 30 days, and then you'll be suspended for 30 more days, and after that you can go to the DMV and ask for a work license." So I was all confused and decided to call you."

Same story, different actors, on another new client DUI lawyer call, a Mendocino County DUI client told Ryan, "I called the number on the pink temporary license, but the DMV operator said, "Is there any reason why you believe the DUI charges are not true?" The client then asked Ryan, "Are they going to laugh at me during the hearing?"

Another client on her first DUI lawyer call told Ryan that, when she tried to get her DMV hearing set up within the first 10 days after arrest, "They told me that I would have to set up an appointment but I should just wait until I go to court to figure out what to do with my license, so come back in 30 days to see if I can get a restricted license."

Another client, during his DUI attorney call, told Ryan that, when he called for the DUI DMV hearing, "The guy said that if you have had a drink and then drive, then you are drunk driving; most people try to put it behind them and move on."

Another client, during her first DUI attorney call, related that when she called to ask for a hearing, the DMV employee stated "Here's what you do: get an SR-22 and you'll get your license back!"

A good Mendocino County DUI lawyer will explain to you that not only is this kind of "advice" completely over-simplified, confusing and intimidating, but in addition, if you don't successfully ask for a hearing and challenge the Ukiah DMV administrative suspension, you will lose any possibility to take control of the process and you will lose the opportunity to protect yourself from a DUI license suspension. If you follow such advice, or fall victim to this manipulation, you will lose valuable rights that could have saved you.

Beyond 10 days?

If you believe you are already outside of 10 calendar days from the date of your DUI arrest, you should contact a local Mendocino County DUI lawyer immediately to see if you still have time or otherwise fall within a limited number of exceptions to the 10-day rule.

For example, even though the ten days have expired, the citing officer may have failed to serve you with, or incorrectly completed, the "Administrative Per Se Suspension/Revocation Order And Temporary Driver License," otherwise known as the "pink temporary license" (see Tip #5). If the pink license was never given to you, or was incorrectly filled out by the arresting officer, or was in the wrong language, the DMV may send you a "14-Day Re-Notice" with a renewed opportunity to request a DMV hearing to challenge the pending suspension. Click here to see this "14-Day Re-Notice" (the important language is boxed in the picture above), and see also this same concept with a 10-Day DMV Re-Notice (often used in refusal and probation violation hearings).

Another example is if your 10th day from the date of your Mendocino DUI arrest falls on a weekend or recognized holiday, in which case you may have one or more extra days to preserve your right to fight the pending suspension. You can see that it may not be too late to try to save your license if it is about to be suspended. A Mendocino County DUI lawyer can help you move properly and quickly in this regard.

Be sure DMV has your correct mailing address

If DMV has an old mailing address (for example, outside of Mendocino County) then you might not receive critical notices providing a time-sensitive right to a hearing (sometimes only 10 days), or giving you a date for the start of a suspension, or sending you a new temporary or permanent license, which are usually sent to you at your address on record at DMV.

Because the vehicle code requires you to provide a change of address to DMV within 10 days of obtaining a new address, you are not permitted to complain if DMV sends important documents to an old address on record. In order to allow your Mendocino County DUI lawyer to react quickly and challenge wrong or unfair decisions or planned actions against you, you must ensure that DMV has your correct address, unless there are compelling reasons not to do so. You can visit the Ukiah satellite DMV office to submit a Mendocino County change of address, or click here to Print and Mail Change of Address Form, or here to Update Your Address Online, if DMV has an old address.

One of the first questions from a good Mendocino County DUI lawyer will be "what is your first court date?" If you don't know the first court date, or worse, you ignore your first court date in Ukiah, or forget to appear in Mendocino County Superior Court, then the court will most likely immediately issue a bench warrant for your arrest. Such a development would likely lead to severe inconvenience to you (including arrest and incarceration), and would later look bad to the court. We prefer to have a Judge smile rather than frown at the first court appearance. Private Ukiah DUI attorneys appear for their clients in Mendocino County Superior Court (and sometimes in Traffic or Juvenile Court too) to ensure that no warrant is issued, to protect any bail you posted, and to start your case properly in front of the court, sparing you the embarrassment, stress and inconvenience of having to personally appear on your own.

Court date on citation

If you were not taken to the county jail, but rather you were released at the scene, or released later from a local police station, then you were likely handed a citation or "Notice to Appear," that looks much like a typical speeding ticket. If you were handed such a citation, then you can find your first court date at the bottom of that paper. Click below to see samples of typical Mendocino County citations showing an arrestee's first court date at the bottom of the front side of the Notice to Appear, and additional information on the reverse:

• CHP citation
• Parks and Recreation citation
• Ukiah Police Department citation
• Willits Police Department citation

Court Date on Jail or Bail Papers

Some people arrested for a DUI in Mendocino County are taken to the Mendocino County jail in Ukiah and formally booked (finger printed) and then released several (or many) hours later without having to post any bail money. In these cases, it is likely that you would be handed a Mendocino County Sheriff's Office Corrections Division Pretrial Release form when you were released from custody, with your first appearance date listed at the bottom of that form.

Some people arrested for a DUI in Mendocino County are taken to the Mendocino County jail, booked, and then told that they may bail out of jail if they wish to contact a bail agent or post their own money in cash. In such cases, a good Mendocino DUI attorney will tell you to look at your bail papers for a "Corrections Division Bail Payment,"" or a "Statement of Charges," or a bail receipt, or calendaring sheet, which should have your first court date listed. Click here for examples of your court date listed on a Mendocino Corrections Division Bail Payment, or an Aladdin Statement Of Charges, or a Romelli Bail Receipt. If you paid a cash bail directly to the court rather than using a bail company, then click here to see an example of a Cash Bail Receipt page where the first court date is hand-written at the bottom, or a small Jail Receipt where the first court date is printed at the bottom.

District Attorney Cite Letter

Sometimes no citation is issued at the time of an incident (often after an accident), or a defendant shows for court at the time listed and there are no charges, or for some other reason a defendant receives a Cite Letter from the Mendocino County District Attorney, listing the charges filed, a first court date to appear, and typically a request to present for booking and release one week prior to the court date if booking was not performed following the incident in question. This is the time to hire a local Mendocino County DUI lawyer if not already accomplished.

With respect to the request to appear for booking, most Ukiah DUI attorneys are aware of PC 853.6(g) which allows for such a booking procedure, but this statute provides that failure to comply with the request to present for booking prior to court simply results in an order from the judge to do so before the next court appearance.

Juvenile Drivers

Juvenile DUIs (under age 18) are usually treated differently than adult DUIs in Mendocino County. The juvenile probation department in Ukiah is typically first to become involved, and will usually contact a juvenile and his/her parents with a letter several weeks after the arrest, requesting an interview about family life, school, and substance abuse. Click here to see an example of a similar example from Sonoma County: Probation Letter.

A Mendocino County DUI lawyer may accompany the juvenile and parents to this probation interview. A decision will be made whether to recommend Mendocino County juvenile court proceedings at the Juvenile Justice Center in the Ukiah Courthouse.

After most Mendocino County DUI arrests, the police keep your California driver license, and give you this pink sheet of paper (click on picture to right) as a replacement driver license. This temporary license is your new license, which required to be on your person while driving, and has important information of value to both you and to your Ukiah DUI lawyer (see the information in Tip #3 above under "Contact DMV").

Click here to see a real example of this type of notice: DMV Pink Temporary License, or here for the older 2016 version, or here for the older 2015 version, or here for the older 2012 version, or here for the older 2010 version, or older 2009 version, or older 2008 version, or older 2006 version.

The best Mendocino DUI lawyers will tell you the most important aspect of this pink temporary license is that the pink license is only valid for 30 days, and if you don't act to protect your rights within ten days of the DUI arrest date (the arrest date is usually hand-written at the top of the pink license), then in most cases your privilege to drive in California would be suspended after the 30-day pink license expires.

Much more information about Easing the Consequences and Getting Your License Back can be found on this site. And if you didn't get this pink temporary license (search your pockets from the day of arrest, your wallet/purse and your vehicle compartments, where Ukiah or Mendocino DUI arresting officers may have placed it for you), then talk to a Ukiah DUI lawyer about what this means, and why you may or may not wish to ask the Mendocino County arresting agency to give it to you. A Mendocino DUI attorney may be able to save you enormous inconvenience.

Note that some local agencies outside Mendocino County, such some police agencies in Marin, generate their DMV documents by computer so the temporary license looks almost identical to the examples in the links above, except your copy is typed and white rather than handwritten and pink. Click here for an example of this Computer Generated "Pink" Temporary License.