You’ve received a DUI charge but you desperately want to find a way to save your driver’s license—this is a common goal shared by many people who find themselves in the unfortunate position of being charged with DUI. While it is sometimes possible, the path is not particularly easy and you would benefit from the assistance of a trained DUI attorney who has walked hundreds or thousands of clients through the steps previously.
In California, the DMV has the final say over driving privileges, while the court has authority over everything else. To successfully avoid a license suspension, you must avoid a conviction in court, and also win your DMV hearing. If you want to make a serious effort to keep your license, you’ll need to request a hearing within 10 days of your arrest for DUI.
Once you have successfully made contact with the DMV and officially requested your hearing, the DMV will then stop the suspension of your license due to expiry of the 30-day pink temporary license you probably received after your permanent license was taken. The DMV will then issue a new temporary license to you. And at this point you will be able to receive a copy of any and all police reports, or other papers or docs that may be used against you in the hearing. The DMV will also set your hearing date, which is typically one to several months in the future, based on how booked they are.
Many issues will be examined during the hearing and your DUI attorney can explain every step including what will be covered during the hearing, and he or she will work closely with you to prepare for your hearing so you have the best chance of winning, and retaining your license.