Arrested for DUI and scheduled a DMV hearing – what does a “stay” mean?

If you were arrested for DUI and contacted the DMV within 10 days to schedule a hearing, they will send you a letter indicating that the suspension is “stayed” pending the outcome of the hearing.

What does that mean?

A “stay” on the suspension means that it is not being imposed at this time.

Ordinarily, if you are arrested for DUI and the police take your license & issue you a temporary license, the DMV will automatically suspend your license if your blood alcohol is over 0.08%.  The way to avoid that (in the short term) is to contact the DMV within 10 days and request a hearing to challenge the suspension.  When you call to schedule your hearing, they will issue a “stay” on the suspension.  If you lose at your hearing, that “stay” is lifted and the suspension then goes into effect.

A “set-aside” would mean that they are not imposing the suspension at all.

If you got a letter indicating the suspension is “stayed,” your license suspension is now on hold, allowing you to drive without any restriction until your DMV hearing is heard and decided.

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