However, if you call or make a written request to the local DMV Office, then an automatic stay will go into effect. This means your temporary license will be valid until the DMV hearing is over and a determination is made by the DMV of whether the suspension is proper.
You have a right to be represented by an attorney at the DMV hearing. The purpose of the DMV hearing is to determine whether your driving privileges shall resume or be suspended. The DMV officer considers: (1) did the peace officer have reasonable cause to believe you were driving your vehicle in violation of California Vehicle codes 23140, 23152, or 23153, (2) were you were placed under lawful arrest, (3) were you were driving your vehicle when you had a .08% or more blood alcohol level? Also, the DMV officer will consider whether you took a breathalyzer test or not, if you refused to take a breathalyzer test, or whether a blood or urine test were taken to determine your blood alcohol level.