DMV Administrative Hearings
California DMV DUI Administrative Hearing Lawyer
Arrested for DUI? You May Have Only 10 Days to Request a DMV Hearing
After a California DUI arrest, your driver's license can become the subject of a separate administrative proceeding through the California Department of Motor Vehicles. California DMV generally provides 10 days from receipt of the Order of Suspension or Revocation to request an administrative hearing following a DUI-related Administrative Per Se action. The DMV case is separate from your criminal DUI court case. If you were recently arrested, review your paperwork immediately and act promptly.
The DMV Hearing Deadline Can Begin Immediately After a DUI Arrest
California DMV states that drivers generally have 10 days from receipt of the Order of Suspension or Revocation to request an Administrative Per Se hearing. If the notice is mailed rather than personally served, different administrative timing rules may apply. Because deadlines depend on the notice and circumstances of the individual case, drivers should review their paperwork immediately.
Call About My DMV DeadlineWhat Is a California DMV Administrative Per Se Hearing?
A California DMV Administrative Per Se, or APS, hearing is an administrative proceeding that allows a driver to challenge a proposed driver's license suspension or revocation following certain DUI arrests.
The hearing is conducted through the California DMV, not criminal court. The DMV hearing focuses on the driver's driving privilege and specific legal issues related to the arrest. It does not determine whether the driver is guilty or innocent of the criminal DUI charge. The criminal DUI case proceeds separately through the California court system.
How Long Do I Have to Request a DMV Hearing?
California DMV generally gives a driver 10 days from receipt of the Order of Suspension or Revocation to request an APS hearing following a DUI arrest.
Review the following documents provided after your arrest:
- Order of Suspension or Revocation
- Temporary driver's license paperwork
- Arrest paperwork
- Dates appearing on DMV documents
If the DMV hearing is not requested within the applicable deadline, the driver may lose the normal right to challenge the administrative action through a hearing.
Were You Arrested Within the Last 10 Days?
Contact Tarman Law to discuss your DMV hearing options.
DMV Hearing vs. Criminal DUI Court Case
The two cases are separate. A favorable DMV decision does not automatically dismiss the criminal DUI case. Likewise, what occurs in the criminal case does not always automatically determine the DMV administrative result.
DMV Administrative Hearing
- Purpose
- Determines issues involving your California driving privilege.
- Handled by
- California Department of Motor Vehicles
- Decision maker
- DMV Driver Safety Hearing Officer
- Potential issues
- Administrative Per Se suspension
- BAC evidence
- Chemical-test evidence
- Chemical-test refusal
- Lawfulness of arrest where applicable
- Officer documentation
- Potential result
- DMV may sustain, set aside or otherwise act on the administrative driver's license action depending on the proceeding and applicable law.
Criminal DUI Court Case
- Purpose
- Determines the criminal DUI charge.
- Handled by
- California Superior Court
- Decision maker
- Judge and, if a case proceeds to jury trial, potentially a jury.
- Potential issues
- Criminal charges
- Evidence
- Motions
- Negotiations
- Trial
- Sentencing if convicted or resolved by plea
- Potential result
- The court determines guilt, innocence, or a negotiated resolution. Sentencing follows conviction or a guilty plea.
What Issues Are Examined at a DMV APS Hearing?
The precise issues depend on the type of DUI administrative action.
Cases Involving a Completed Chemical Test
- Whether the officer had reasonable cause to believe the driver violated California DUI laws
- Whether the driver was lawfully arrested or otherwise subject to the applicable DUI administrative provisions
- Whether the evidence establishes the applicable blood alcohol concentration requirement
Refusal Cases
- Whether there was reasonable cause
- Whether the person was lawfully arrested
- Whether required consequences were properly explained
- Whether the driver refused or failed to complete a required chemical test
Evidence at a California DMV Hearing
Potential evidence can include a range of documents, records and testimony. The DMV often relies heavily on documentary evidence. Depending on the case, an attorney may evaluate whether additional records or testimony should be requested or subpoenaed.
Can the Officer's Report Be Challenged?
Potentially. The officer's documentation can be reviewed for factual, evidentiary and legal issues relevant to the DMV proceeding.
- Statements in the police report
- DS 367 paperwork
- Timing and observations
- Testing documentation
- Whether required elements are supported
- Contradictions or missing information
- Available video evidence
Paperwork errors do not automatically invalidate a DMV action.
Breath-Test Evidence at a DMV Hearing
Breath-test evidence may be reviewed for issues involving the testing procedure, equipment, timing, documentation and other evidence relevant to the administrative proceeding.
Whether a legitimate challenge exists depends on the facts and evidence of the individual case.
Blood-Test Evidence at a DMV Hearing
Blood-test evidence may involve review of collection, handling, storage, laboratory documentation, testing procedures, chain of custody, timing, and the reported result. A challenge is not available merely because a blood test was performed.
Chemical-Test Refusal and the DMV Hearing
An alleged refusal can create DMV consequences that differ from a standard APS case involving a completed chemical test. Potential issues may include whether the driver was lawfully arrested, whether required warnings were provided, whether the person actually refused, whether testing was attempted, medical or communication issues, and officer documentation. Refusal cases should be evaluated individually.
Protect Your Right to a DMV Hearing — Call 909-466-9800
The DMV Administrative Hearing Process
The hearing is administrative rather than a criminal trial. Depending on the case, the hearing may involve review of documentary evidence, legal argument, presentation of evidence, witness testimony, cross-examination where appropriate, subpoenaed records or witnesses, and challenges to specific elements of the DMV action.
Hearing Request
A timely request is submitted to DMV within the applicable deadline.
Hearing Is Scheduled
DMV schedules the administrative proceeding. DMV currently may conduct hearings by video or telephone unless an in-person hearing is properly requested or otherwise arranged under DMV procedure.
Evidence Is Reviewed
Relevant DMV records and other available evidence can be evaluated, including police reports, chemical-test documentation, and officer statements.
Hearing Preparation
Potential legal and factual issues are identified. Records may be requested and witnesses or subpoenas considered depending on the case.
DMV Hearing
Evidence and arguments may be presented before a DMV Driver Safety Hearing Officer. The hearing officer evaluates whether the administrative action should be sustained, set aside or otherwise resolved.
Decision
DMV issues a written decision concerning the administrative driver's license action.
DMV DUI Timeline
The following is a general sequence of events in a DMV Administrative Per Se proceeding. Timing varies by case and individual circumstances.
- 1
Order of Suspension or Revocation Received
After a DUI arrest, the driver typically receives an Order of Suspension or Revocation from the arresting officer. This document contains important information about the administrative action and the deadline to request a hearing.
- 2
Hearing Request Submitted
A timely request for an administrative hearing must be submitted to the California DMV. California DMV generally provides 10 days from receipt of the Order of Suspension or Revocation to make this request. Missing the deadline can affect the ability to challenge the administrative action.
- 3
DMV Evidence Obtained
After a hearing is requested, the attorney can obtain the DMV evidence package, which typically includes the officer’s sworn statement, chemical test results, and other documents the DMV intends to rely on at the hearing.
- 4
Hearing Preparation
The attorney reviews the evidence, identifies potential issues, and prepares for the administrative hearing. This may include subpoenaing additional records, preparing legal arguments, and identifying witnesses where applicable.
- 5
DMV Hearing Conducted
The administrative hearing is conducted before a DMV hearing officer. Depending on the case, the hearing may involve review of documentary evidence, legal argument, witness testimony, and cross-examination where appropriate.
- 6
Written Decision Issued
The DMV hearing officer issues a written decision. The decision may set aside the suspension or sustain it. The outcome depends on the specific facts and legal issues raised in the individual case.
- 7
Further Administrative Review Where Available
In some cases, an adverse DMV decision may be subject to further administrative review or legal challenge. The availability and scope of further review depends on the circumstances of the individual case.
Not every case follows this exact sequence. Timing and procedures can vary depending on the facts, the DMV office, and other circumstances. This is a general overview only.
Can a Lawyer Represent Me at the DMV Hearing?
Yes. California DMV allows drivers to be represented by an attorney or another representative at their own expense.
Representation does not guarantee a favorable outcome. Whether a driver should personally participate depends on the case strategy and circumstances.
Does Requesting a Hearing Stop My Suspension?
California DMV's APS guidance states that if DMV cannot provide the hearing before the effective date of the APS action, the administrative action may be stayed while the hearing is pending. A stay is not automatic in every circumstance, and hiring an attorney does not guarantee a stay.
Possible DMV Hearing Outcomes
If DMV Sets Aside the Action
If DMV determines that there is no sufficient basis for the APS action, the administrative suspension or revocation may be set aside.
A DMV set-aside concerns the administrative driver's license action. It does not automatically dismiss the criminal DUI charge. The criminal case remains a separate proceeding.
If DMV Sustains the Action
If DMV sustains the administrative action, the suspension or revocation can remain in effect according to the applicable law. Depending on the circumstances, a driver may need to evaluate license reinstatement requirements, restricted-license eligibility, ignition interlock options, DUI program requirements, insurance requirements, further administrative review, and potential court review.
Review of an Adverse DMV Decision
California DMV provides procedures that may permit departmental review of an administrative hearing decision. Depending on the case, judicial review in Superior Court may also be available. Strict deadlines apply. Anyone considering review of an adverse DMV decision should obtain legal advice promptly after receiving the written decision.
What If I Already Missed the 10-Day Deadline?
Missing the normal DMV deadline can result in losing the ordinary right to challenge the APS action through a timely hearing request.
If you believe you missed the deadline, contact an attorney promptly to review the notice, service date, circumstances and any options that may still be available.
I May Have Missed My DMV DeadlineDoes a DMV Hearing Replace My Criminal DUI Case?
No. Requesting a DMV administrative hearing does not stop or replace the criminal DUI case.
The driver must still monitor and respond to all criminal court dates and requirements. The DMV administrative proceeding is separate from the San Bernardino County Superior Court criminal case.
California DUI defense lawyer →Steps to Take After a DUI Arrest
- 1Review your Order of Suspension or Revocation.
- 2Check the date you received the notice.
- 3Identify your DMV hearing deadline.
- 4Keep all paperwork from your arrest.
- 5Write down what occurred while events are fresh.
- 6Preserve photographs and video.
- 7Keep receipts or other potentially relevant documents.
- 8Identify witnesses.
- 9Keep track of your criminal court date.
- 10Do not discuss your case on social media.
- 11Speak with a DUI defense attorney promptly.
Serving San Bernardino County
Tarman Law represents DUI clients based in communities throughout San Bernardino County. The DMV administrative proceeding is separate from the local criminal courthouse.
Frequently Asked Questions
How many days do I have to request a DMV hearing after a DUI arrest?
Is the DMV hearing the same as my DUI court case?
Does requesting a DMV hearing automatically stop my suspension?
Can an attorney request the DMV hearing for me?
Do I have to testify at my DMV hearing?
Can my lawyer subpoena the arresting officer?
Can breath-test evidence be challenged?
Can blood-test evidence be challenged?
What happens if DMV sets aside my suspension?
What if I already missed the 10-day deadline?
Your Defense Attorney
DMV DUI Representation With More Than 25 Years of Criminal Defense Experience
Kirk M. Tarman — California Criminal Defense Attorney
Kirk M. Tarman and the Law Offices of Kirk M. Tarman & Associates have more than 25 years of criminal defense experience representing individuals facing DUI and related driver's license proceedings. A California DUI requires attention to both the criminal court case and the separate DMV administrative process. Our firm evaluates the arrest, officer reports, chemical-test evidence, DMV documentation and other relevant information to identify issues that may affect each proceeding.
Reviewed by Kirk M. Tarman
California Criminal Defense Attorney
Last Updated: September 2026
9333 Base Line Road, Suite 100
Rancho Cucamonga, CA
909-466-9800
Do Not Ignore Your DMV Notice After a DUI Arrest
The DMV driver's license process is separate from criminal court and can begin quickly after a California DUI arrest. If you recently received an Order of Suspension or Revocation, review the notice immediately. Contact Tarman Law to discuss your DMV administrative hearing and criminal DUI case.
9333 Base Line Road, Suite 100
Rancho Cucamonga, CA
909-466-9800