I had my first DUI and lost my DMV hearing, suffered 30 days and got restricted.
my question is , is it possible that DMV might change their mind or its not possible without appeal ? or the court might change their decision about your suspended license?
The DMV does not "change its mind" after reaching a decision, but you can request an administrative review by written letter. There are instructions on your decision letter. If you lose the administrative review, you may file a lawsuit called a "Petition for Writ of Mandamus" to challenge the ruling. Writ petitions are complex, and if you pursue this, you should hire an experienced appellate attorney. Under California law, the court awards attorneys fees to the winner in a Petition for Writ of Mandamus, even if the DMV wins, so do not pursue this frivolously.
If your court case results in either a Not Guilty verdict for driving with 0.08% BAC or greater (Vehicle Code Sec. 23152(b)), or if the court determines that you were unlawfully stopped or arrested pursuant to Penal Code Sec. 1538.5, your court victory can be presented to DMV to cancel the suspension and reinstate your license. If this occurs, your attorney needs to send DMV's offices in Sacramento a certified copy of the abstract of court judgment. A dismissal for other reasons, including the prosecutor's decision to abandon the case, will not cancel the suspension.
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