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What is a stay of suspension

Newark, CA |

What is a stay of suspension from DMV does that mean their not gona suspend at all o are they just waiting for the outcome of the case in court of a dui or lesser charge ???

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Attorney answers 5


Waiting for the outcome of the DMV hearing.

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.


A stay of suspension means that DMV is awaiting something before imposing the suspension. I could not guarantee you the conditions, unless I knew substantially more about the case. If you have counsel, it is best to direct your questions to him or her. If not, why not? You would be nuts to try to defend your DUI, one of the most complex types of cases in our justice system.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


I agree that when you are arrested for a DUI you get a stay on the suspension of your driver's license, and you have ten days to request an administrative hearing to fight that suspension with the DMV. Consult an experienced attorney to find out your options. Good luck


A stay essentially means you retain your driving privileges pending the outcome of your DMV hearing. In the event you do not prevail in your hearing you can stil get the suspension lifted and get your driving privilege returned if you are successful In overcoming the charges. An experienced DUI attorney can make all the difference!


A DUI case has two hearings - one at DMV and the court date and trial. You have a stay of suspension from DMV so you can have a hearing hoping to save your license from suspension. If you are convicted in court for DUI though, your license is suspended that day. If you've won the DMV hearing already, you'll get a work license immediately. If this is your 2nd offense, you'll have to wait 90 days for a work license and you'll have to put a breathalyzer in your car.

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