California DMV Hearing Guide
Your APS hearing can save your license — but you only have 10 days to act
The Critical 10-Day Deadline
⚠️ You Have Only 10 Days
After a DUI arrest in California, you have exactly 10 calendar days to request an administrative hearing with the DMV. If you miss this deadline, your license will be automatically suspended 30 days after your arrest — with no opportunity to challenge it.
The 10-day clock starts on the date of your arrest — not the date of your court appearance. Weekends and holidays count. If your arrest was on a Friday, you need to request the hearing by the following Monday (10 calendar days later).
When you were arrested, the officer should have given you a pink temporary license (DS-367 form). This document serves as your temporary license for 30 days and contains instructions for requesting a hearing.
What Is an APS Hearing?
APS stands for Admin Per Se. It's an administrative hearing conducted by the DMV — completely separate from your criminal court case. The hearing determines whether the DMV will suspend your driving privileges.
Key differences from court:
- No judge or jury — a DMV hearing officer decides
- Lower standard of proof — preponderance of evidence (not beyond reasonable doubt)
- Limited scope — only addresses license suspension, not criminal penalties
- You can represent yourself or bring an attorney/advocate
- Can be done by phone — you don't always have to appear in person
How to Request a Hearing
- Call the DMV Driver Safety Office at (800) 777-0133 within 10 days of arrest
- Request an Admin Per Se (APS) hearing
- Ask for a "stay" of suspension — this keeps your license valid until the hearing
- Choose hearing type: in-person or telephone
- Request discovery — the DMV's evidence package (police report, chemical test results, calibration records)
- Note your confirmation number and hearing date
💡 Pro Tip
Always request the stay of suspension when scheduling. This extends your driving privileges until the hearing is decided — which could add weeks or months of legal driving time.
How to Prepare for Your Hearing
The DMV must prove three things at the hearing. Your preparation should focus on challenging these elements:
1. Reasonable Cause for the Stop
Did the officer have a valid legal reason to pull you over? Check the police report for the stated reason. If the stop was unlawful, the case may be dismissed.
2. Lawful Arrest
Were proper procedures followed? Was the field sobriety test administered correctly? Were you read your rights? Procedural errors can invalidate the arrest.
3. BAC of 0.08% or Higher (or Refusal)
Was the breathalyzer or blood test conducted properly? Was the equipment calibrated? Was the blood sample handled correctly? Chain of custody issues can challenge results.
Gather and review: the police report, chemical test results, officer's calibration records, any witness statements, and dashboard/body camera footage if available.
What to Expect at the Hearing
The hearing typically lasts 30-60 minutes. Here's the general flow:
- Hearing officer introduces the proceeding and reviews the evidence
- You (or your advocate) may present your case and challenge the evidence
- You may call witnesses or present additional evidence
- Hearing officer asks questions
- Decision is typically mailed within 30 days after the hearing
Common questions from the hearing officer:
- "Do you have any challenges to the evidence presented?"
- "Were you advised of the consequences of refusing a chemical test?"
- "Do you wish to present any witnesses or additional evidence?"
- "Is there anything else you'd like the department to consider?"
Possible Outcomes
✅ Set Aside (You Win)
The suspension is overturned. Your license remains valid. This happens when the DMV fails to prove one or more of the three required elements.
❌ Sustained (DMV Wins)
The suspension stands. Your license will be suspended for the prescribed period. You can still apply for a restricted license or IID license.
Even if the DMV sustains the suspension, the hearing buys you valuable time (often 2-3 additional months of driving) and helps you prepare for the reinstatement process.
Should You Have an Advocate?
While you can represent yourself, having a trained DMV hearing advocate significantly improves your chances. Advocates know:
- Which procedural errors to look for in the police report
- How to challenge breathalyzer calibration and blood test procedures
- What questions to ask and what evidence to present
- How to frame your case for the best possible outcome
DUI-Help.org offers DMV Hearing Advocacy as part of our $695 DMV Hearing Advocate tier. Our trained advocates prepare your case and represent you at the hearing.
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Frequently Asked Questions
Can I still request a hearing if I missed the 10-day deadline?
Unfortunately, no. The 10-day deadline is strict and cannot be extended. If you missed it, your license will be automatically suspended. Focus on the reinstatement process instead.
Can the hearing be done over the phone?
Yes. You can choose a telephone hearing when you schedule. Phone hearings are just as valid as in-person hearings and may be more convenient.
If I win the DMV hearing, does my court case go away?
No. The DMV hearing and court case are completely separate. You can win the hearing (keep your license) and still be convicted in court (which triggers a separate suspension).
How long after the hearing do I get the decision?
Typically within 30 days. The decision is mailed to you. Some hearing officers announce the decision at the end of the hearing.