If you are arrested for DUI, you are required to submit to either a breath test or a blood test. The police will then take the driver's California license and issue a pink temporary license. This temporary license is valid for thirty days. This is not a "restricted" license. A valid temporary license provides all the driving privileges associated with a regular Class C driver's license.
If you request a DMV hearing within ten days of your arrest, the DMV will send you a new temporary license which goes into effect the day the pink temporary is suspended. The DMV will then schedule a hearing to determine whether to suspend your license.
If you do not request a DMV hearing within ten days of the arrest, the temporary license will expire on the 30th day. The DMV will then suspend your license.
For most cases, we highly recommend that a hearing be requested. The standard of proof at DMV is lower than in a court of law. The DMV hearing officer is essentially judge, jury and prosecutor at your hearing. It is usually not in your best interest to represent yourself. Furthermore, public defenders do not handle these hearings. For the best outcome, you will need an attorney with significant experience handling DUI cases.
Just requesting the hearing usually buys you some time and keeps you on the road, at the very least. Invariably, the DMV is not able to schedule the DMV within 30 days of the request, so you will be able to maintain driving privileges until the hearing. Call the Crawford Law Firm, Inc. to request your DMV hearing. (831) 783-0222.