--- title: "California DUI DMV Hearing: How the Administrative Per Se Process Works (and How to Fight It)" description: "A DUI arrest triggers two separate cases: a criminal charge in court and an Administrative Per Se hearing at the DMV. Miss the 10-day deadline to request the DMV hearing and you lose your license automatically. Here's how the process actually works, what a hearing officer decides, and what happens if you lose." url: "https://www.thehfirm.com/blog/everything-you-need-to-know-about-dui-dmv-hearing" site: "H Law Group" published: "2026-07-06T00:00:00Z" --- # California DUI DMV Hearing: How the Administrative Per Se Process Works (and How to Fight It) A DUI arrest triggers two separate cases: a criminal charge in court and an Administrative Per Se hearing at the DMV. Miss the 10-day deadline to request the DMV hearing and you lose your license automatically. Here's how the process actually works, what a hearing officer decides, and what happens if you lose. Category: DMV Author: Marshall Korns -- Marshall Korns manages client operations at The H Law Group, helping ensure every California criminal defense and DUI case receives responsive, professional, and client-focused support. If you were arrested for DUI in California, two separate cases are now moving against you at the same time. One is the criminal case in court. The other is an administrative case at the DMV, and it moves much faster. The DMV doesn't need a conviction to take your license. It can suspend you based on the arrest alone, through a process called Administrative Per Se (APS), unless you request a hearing within 10 days. That deadline is the single most important fact in this article. Most people who lose their license after a DUI arrest don't lose it because the evidence was strong. They lose it because nobody called the DMV in time. Here's what actually happens between the arrest and the hearing, what a hearing officer is allowed to consider, and what happens if the DMV rules against you. ## What Happens at the Time of Arrest Most DUI stops start with a traffic stop or a checkpoint. If the officer suspects impairment, they'll typically ask you to perform field sobriety tests (FSTs) and, in some cases, blow into a handheld preliminary alcohol screening (PAS) device at the roadside. Both of these are voluntary for most drivers. FSTs are subjective and easily thrown off by uneven pavement, bad lighting, or nerves, which is part of why they get challenged so often. A PAS refusal at the roadside won't trigger an automatic suspension on its own for drivers over 21 who aren't on DUI probation, but officers routinely treat refusal as another reason to arrest. Everything changes once you're actually placed under arrest. California's implied consent law (Vehicle Code § 23612) means that by driving in this state, you've already agreed to submit to a chemical test, breath or blood, if you're lawfully arrested for DUI. Refusing that post-arrest test isn't a way out. It triggers its own one-year minimum license suspension under § 23612, independent of whatever happens with the underlying DUI charge, and it can be used against you in court. For a routine first-time misdemeanor arrest, you're usually released after booking with a citation, a court date, and a pink temporary license. Felony DUIs, meaning cases involving injury or property damage, are handled differently. Expect a bail process, and in some cases the DMV moving to revoke your license outright rather than suspend it, while the criminal case is pending. ## The Notice That Starts Your 10-Day Clock: Form DS-367 When an officer confiscates your physical license after a DUI arrest, they hand you a pink form, DS-367, in its place. It functions as a 30-day temporary license, but it's also formal notice that the DMV intends to suspend your driving privilege. Under Vehicle Code § 13353.2, the DMV can suspend your license administratively if any of the following applied at the time of driving: - Your BAC was 0.08% or higher (the standard threshold under § 23152(b)) - You were under 21 and tested at 0.01% or higher (California's zero-tolerance law) - You were driving a vehicle requiring a commercial license and tested at 0.04% or higher - You were on DUI probation and tested at 0.01% or higher None of that requires a conviction. It's an administrative action based on the arrest and the test result alone. Vehicle Code § 13558 gives you 10 calendar days from the date you receive that notice to request a hearing. Weekends and holidays count. If the DMV mailed the notice rather than serving it in person, California's mail-service rules (Code of Civil Procedure § 1013) can add a few days, but don't count on that extension. Treat the 10 days as running from the date on the DS-367. Miss the window and the DMV can deny your right to a hearing altogether. Your temporary license then expires 30 days after the arrest, and the suspension takes effect automatically, with no hearing and no chance to challenge the stop, the testing procedure, or anything else. ## How to Request the Hearing You cannot [request an APS hearing](/blog/how-do-you-request-a-dmv-hearing-after-a-dui) online. It has to go to the DMV's Office of Driver Safety, by phone, fax, mail, or in person, and it has to reach the correct Driver Safety office for the county where you were arrested. Have your driver's license number, the date of arrest, the arresting agency, and the type of chemical test administered ready when you call. You don't have to attend the hearing yourself. A DUI defense attorney can appear on your behalf, and can also request a stay of the suspension while the hearing is pending, so you keep driving privileges until the matter is decided. Your attorney can also request discovery from the DMV: the arrest report, the officer's notes, and maintenance and calibration records for whatever testing device was used. ## What the Hearing Officer Is Actually Deciding An APS hearing isn't a retrial of the DUI charge, and it isn't in front of a judge. It's an administrative hearing run by a DMV hearing officer, and the scope is narrower than most people expect. Broadly, the hearing officer is only deciding three things: 1. Did the officer have reasonable cause to believe you were driving under the influence, and was the arrest lawful? 2. Was the chemical test result 0.08% or above (or, for a refusal case, did you actually refuse after being properly advised of the consequences)? 3. Were you properly admonished about the consequences of refusing the test? A skilled defense attorney attacks each of these independently: challenging the basis for the stop, the administration of the FSTs, the chain of custody on a blood sample, or the maintenance records on a breathalyzer. The burden and the rules of evidence are more relaxed than in criminal court, which is exactly why DMV hearings are winnable, but they still take the same level of preparation a court case would. ## If You Lose: Suspension Length and Restricted License Options If the hearing officer rules against you, or you never requested a hearing, the suspension length depends on your DUI history under Vehicle Code § 13353.3: - No prior DUI conviction or APS suspension in the last 10 years: 4-month suspension - One or more prior DUI convictions or APS actions in the last 10 years: 1-year suspension - Test refusal: minimum 1-year suspension under § 23612, regardless of BAC Most first-time offenders aren't stuck waiting out the full suspension with no ability to drive. After a mandatory hard suspension period and once you meet the DMV's requirements (enrolling in a state-licensed DUI program, showing SR-22 proof of insurance, and paying the reissue fee), you can typically apply for a restricted license that allows driving to and from work, court, DUI classes, and required medical appointments. Something worth flagging if you're reading this in 2026: California's ignition interlock device (IID) rules are in flux. Governor Newsom signed AB 366 in October 2025, which extends the state's IID program through January 1, 2033 and closes gaps in who it applies to. Historically, first-time, non-injury offenders had a choice: install an IID voluntarily for six months, or skip the IID and accept a more limited work and DUI-program restriction for twelve months instead. Whether that choice still exists for your arrest date is exactly the kind of detail that changes with new legislation, so confirm current IID requirements with your attorney or the DMV rather than relying on last year's rule. ## DMV Hearing vs. Criminal Court: Two Different Cases - What it decides: the DMV hearing decides whether your license is suspended; the criminal case decides whether you're guilty of a crime. - Deadline to act: 10 days from the notice for the DMV hearing; set by your arraignment date for the criminal case. - Who decides: a DMV hearing officer for the APS hearing; a judge or jury for the criminal case. - Standard of proof: preponderance of the evidence at the DMV; beyond a reasonable doubt in criminal court. - Possible outcome: license suspension, revocation, or a restricted license from the DMV; fines, probation, DUI school, jail, or license restriction as a condition of probation from the criminal case. - Can you win one and lose the other? Yes. They run on entirely independent tracks. Winning your DMV hearing doesn't make the criminal charge go away, and losing it doesn't mean you'll be convicted in court. They run on [separate tracks with separate rules](/blog/what-is-the-difference-between-a-dmv-administrative-hearing-and-criminal-court-trial-for-a-dui), which is exactly why both need their own defense strategy. ## Frequently Asked Questions **Do I really have to request the DMV hearing myself, or does my attorney handle it? **An attorney can request it and appear on your behalf, but someone has to make that request within 10 days of the notice. If you're contacting a defense attorney immediately after your arrest, this is one of the first things they'll do. **What if I already missed the 10-day deadline? **You can ask the DMV to accept a late request, but approval isn't guaranteed and generally requires showing good cause, such as never having received the notice. Don't wait to find out. If you're past the window, contact an attorney immediately to see what options remain. **Can I still drive at all while my DMV hearing is pending? **If you requested the hearing within the 10-day window, your temporary license, or a stay of suspension your attorney requests, generally lets you keep driving until the DMV issues its decision. **Does winning the DMV hearing mean the criminal charges get dropped? **No. The DMV hearing and the criminal case are entirely separate. A win at the DMV keeps your license, but the DA can still pursue the criminal charge independently. **Is a DUI DMV hearing worth requesting if I know my BAC was over 0.08%? **Often, yes. The hearing isn't just about the number. It's about whether the stop was lawful, whether the test was administered and maintained correctly, and whether you were properly advised. Attorneys win these hearings on procedure more often than on the BAC result itself. ## About the Author **Nima Haddadi** is the founder of H Law Group, a Los Angeles-based criminal defense firm. A former prosecutor with the Los Angeles County District Attorney's Office, he now defends clients facing DUI, domestic violence, drug crime, theft, and firearms charges, drawing on firsthand experience with how these cases are built and prosecuted. ## Disclaimer This article is for general informational purposes only and does not constitute legal advice for your specific situation. DUI and DMV procedures change through new legislation and court decisions, and outcomes depend on the specific facts of your arrest. Contact an attorney for guidance on your case. ## Sources - [California Vehicle Code § 23612 - Implied Consent for Chemical Testing](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23612) - [California Vehicle Code § 13353.2 - Administrative Per Se Suspension](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13353.2.&lawCode=VEH) - [California Vehicle Code § 13558 - Hearing Request Deadline](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13558.&lawCode=VEH) - [California DMV - Administrative Hearings Overview](https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/administrative-hearings/) - [California DMV - Statewide Ignition Interlock Device Pilot Program](https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/statewide-ignition-interlock-device-pilot-program/) - [California DMV - DMV Highlights New Laws in 2026 (AB 366)](https://www.dmv.ca.gov/portal/news-and-media/dmv-highlights-new-laws-in-2026/) - [California Office of Traffic Safety - Data Sources](https://www.ots.ca.gov/data-sources/) - [AB 366 Bill Text - California Legislative Information](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB366) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Branch: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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