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DUI DMV hearing for

Orange, CA |

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?

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Attorney answers 4


The DMV operates independently of the court. They won't change their decision without an appeal - and if you're convicted of DUI, you'll get a suspension anyway. The judge cannot order anything to the DMV - they are separate.


It is highly unlikely you will be able to change what has happened.

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.


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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