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DMV Hearing After a DUI: The 10-Day Rule
If you were arrested for DUI in California, you have only 10 calendar days from the date of arrest to request a DMV Administrative Per Se (APS) hearing. Miss this deadline and your license is automatically suspended on day 30 — no exceptions, no appeal.
The 10-day clock — act today
The pink "Order of Suspension and Temporary License" (DS-367) the officer gave you spells it out at the bottom: 10 days to request a hearing. After that, your license is automatically suspended on day 30.
What is an APS hearing?
The Administrative Per Se (APS) hearing is run by the DMV — not a court. A hearing officer (DMV employee, not a judge) decides three issues: (1) Did the officer have reasonable cause to believe you were driving under the influence? (2) Were you lawfully arrested? (3) Did you have a BAC of 0.08% or higher (or refuse chemical testing)? If the DMV proves all three by a preponderance of evidence, your license is suspended.
How to win a DMV hearing
- Challenge the stop (no reasonable suspicion)
- Challenge the arrest (no probable cause)
- Title 17 violations on breath/blood testing
- Calibration records, 15-minute observation, operator certification
- Subpoena the arresting officer (if officer doesn't show, you often win)
What if I refused the chemical test?
Refusal triggers a 1-year automatic suspension (first offense), 2 years (second), or 3 years (third). The DMV must still prove the officer had probable cause and that you were properly admonished. Refusal cases can be won — but they are harder.
Restricted licenses and IID
For most first-offense DUIs, after a 30-day "hard suspension," you can install an Ignition Interlock Device (IID) and drive without restriction during the remainder of the suspension period.
Need help with your DMV hearing? Contact our office within the 10-day window.
Frequently Asked Questions
How long do I have to request a DMV hearing after a California DUI?
10 calendar days from the date of arrest. Not 10 business days. Not 10 days from when you "feel ready." Miss this deadline and your license is automatically suspended.
What is the difference between the DMV hearing and criminal court?
They are completely separate. Criminal court decides guilt and criminal penalties. The DMV hearing only decides whether to suspend your license. You can win one and lose the other. Both matter.
Can I drive while waiting for my DMV hearing?
Yes. Once you request the hearing within 10 days, the DMV issues a temporary license valid until the hearing concludes — typically 2–4 months later.
What are the chances of winning a DMV hearing in California?
Statewide win rates are 20–30% but rise substantially with experienced counsel. Wins typically come from challenging probable cause, breath/blood test calibration, the 15-minute observation period, or chain of custody.
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