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Arrested for DUI in California? You have only 10 days to request a DMV hearing — miss it and you lose the right to fight your license suspension. Call (888) 998-6938 now.

DUI / DWI Defense · DMV Hearing

The DMV Hearing & the 10-Day Deadline

A California DUI arrest starts a clock most people never hear about: you have just 10 days to demand a DMV hearing, or the DMV suspends your license automatically — no matter what happens in criminal court. This page explains that hearing, why it matters, and how to protect your license.

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Ron Chini, Esq.
Reviewed by Ron Chini, Esq. · CA State Bar No. 263308 · DUI defense attorney in Irvine, CA since 2009.
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If you've been arrested for DUI in California, the officer probably took your physical license and handed you a pink paper. That paper is a temporary license and a notice of suspension — and it starts a 10-day countdown. Acting within those 10 days is the single most time-sensitive thing you can do after a DUI arrest.

You have 10 days to act

From the date of your DUI arrest, you generally have 10 calendar days to contact the DMV Driver Safety Office and request an Administrative Per Se (APS) hearing. Miss it, and the suspension takes effect automatically — usually about 30 days after the arrest. (DRAFT — verify the current window and procedure.)

What is the DMV (APS) hearing?

A DUI arrest sets off two separate cases. One is the criminal court case. The other is an administrative action by the DMV called an Administrative Per Se (APS) action, which deals only with your driving privilege. The DMV hearing is your chance to challenge that license suspension — it is run by a DMV hearing officer, not a judge, and it is completely separate from what happens in court.

The hearing is usually held by phone. The standard of proof is lower than in criminal court, and the issues are narrow: was the stop and arrest lawful, were you driving with a BAC at or above the legal limit, and were the procedures followed. An experienced DUI attorney can appear for you, cross-examine the evidence, and argue these points.

The 10-day deadline to request it

Here's the catch almost everyone misses: the DMV does not schedule the hearing for you. You have to request it within 10 days of your arrest. If you do, two things happen — the suspension is put on hold (a "stay") until the hearing is decided, and the DMV has to prove its case. If you don't request it in time, you give up the hearing and the suspension simply takes effect.

1

Call right away

The clock starts at arrest, and 10 days is not much time. The fastest move is to call so we can request the hearing for you and request a stay of the suspension.

2

We request the APS hearing

We contact the correct DMV Driver Safety Office, demand the hearing, and ask the DMV to provide its evidence — the police reports, the breath/blood results, and the officer's sworn statement.

3

We prepare and appear

We review the evidence for weaknesses, subpoena what's needed, and appear at the hearing on your behalf to challenge the suspension.

What the DMV hearing decides — and doesn't

The DMV hearing decides only whether your license is suspended and for how long. It does not decide guilt, fines, or jail — those belong to the criminal case. But the two are connected: evidence that helps at the DMV hearing often helps in court, and vice versa. Winning the DMV hearing can mean keeping your license even while the court case is pending.

If the suspension does take effect, you may be eligible for a restricted license (for example, to drive to work or to DUI school), often conditioned on installing an ignition interlock device (IID) and filing SR-22 insurance. The exact eligibility and timing depend on your offense and history. (DRAFT — verify restricted-license / IID rules.)

What if you already missed the 10 days?

If more than 10 days have passed, the DMV hearing window may be gone — but it is still worth calling immediately. There may be limited options depending on your exact arrest date and circumstances, and the criminal case is still very much in play. The sooner an attorney is involved, the more can be done.

How Ron Chini protects your license

How long do I really have to request the DMV hearing?
Generally 10 calendar days from the date of arrest. Because it's so short and the DMV won't remind you, it's best to call right away so the request can be made on time. (DRAFT — verify the current window.)
Does requesting the hearing stop my license from being suspended?
Requesting the APS hearing on time generally stays (pauses) the suspension until the hearing is decided, so you can keep driving in the meantime. If you don't request it, the suspension takes effect automatically.
Is the DMV hearing the same as my court case?
No. The DMV hearing only decides your license; the criminal court case decides guilt and penalties. They run on separate tracks, but the evidence overlaps and a good defense coordinates both.
Can a lawyer go to the DMV hearing for me?
Yes. An attorney can request the hearing, gather the DMV's evidence, appear at the hearing on your behalf, and cross-examine the arresting officer where appropriate.

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Ron Chini, Esq.
Ron Chini, Esq.
DUI Defense Attorney · CA State Bar No. 263308

Ron has focused on DUI and criminal defense from his Irvine office since 2009. You work directly with him — not a paralegal or a call center.

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