Method 1: Get and win a DMV Hearing
You must request a Stay and a DMV Hearing within 10 days of your DUI arrest. If you win your hearing, the DMV will not take any action against your license. However, you must be aware that the court still has the power to restrict, suspend or revoke your license depending on your case and if you have prior DUI’s.
The terrible thing about a DUI is the court and DMV have separate and independent powers over your license. This can be very confusing; so be aware of this fact in determining what can happen to your license.
DUI law in california is so convoluted and the DMV will do everything possible to have you lose the DMV hearing. DMV hearings are very difficult to win and if you are convicted in court of a DUI, the DMV will then usually impose a suspension resulting from what happens in court. So they try and get you both ways.
Read more in How to win a DMV Hearing.
Method 2: The Jury at your jury trial finds you not guilty
The other way to avoid a license suspension is if you have a jury trial in court:-
- and the Jury finds you not guilty of all the DUI charges
- and you did not refuse to take a chemical test (breath or blood)
then the DMV will return your license without suspending your license.
Read more about the benefits of Plea Bargain versus Jury Trial
