Legal Question in Criminal Law in California

Re: get driver's license back

At .61 breath test it is hard to believe that you would be breathing at all let alone breathing into the breathylizer. Sounds like you mean .061 . . .

If that is the case, and you are over 21, here is what you:

You should call the DMV within 10 days of your arrest to request a DMV hearing and what is called the stay of any suspension. Tell them you were .061. Perhaps they have reviewed your case and set it aside meaning they decided they were not going to take any action regarding suspension of your license. If they have not reviewed the case, the temporary 30 day license which I assume you have (pink form the officers should have given you) will be automatically extended if needed beyond the 30 days until there is a decision by mail or hearing. DMV will send you paperwork hopefully one which will inform you that no action has been taken. You can then get your license at the DMV.

If more than 10 days gone by, you should also call. The outcome should be similar although you might have lost your right to a hearing. This would mean there might a period of time between 30 days and decision by the DMV when your license would have been suspended.

If you are under 21, the applicable limit is 0.01 and you risk having your license suspended for 1 year. Get a lawyer immediately.

Hope this helps. Feel free to contact me directly if you have any questions.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com