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The DMV hearing — your 10-day clock

The DMV suspension is the part of a DUI most people never fight, because almost nobody knows the deadline exists. It is ten days from the day you were handed the Order of Suspension.

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Ten days. Request the hearing within ten days of receiving the Order of Suspension and your suspension is stayed while the case is pending. Miss the window and you lose the hearing — the suspension simply takes effect.

What the APS hearing is

"APS" is Administrative Per Se. It is the DMV's own action against your driving privilege, entirely separate from the criminal case. A DMV hearing officer — not a judge — decides three narrow questions: whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether your BAC was 0.08% or higher (or, in a refusal case, whether you were properly admonished and refused).

Because it is separate, the outcomes are separate too. You can beat the DMV and still face the court case, or win in court and still be suspended. They do not cancel each other out.

Source: California DMV, Administrative Hearings Process (FFDL 26).

How long the suspension runs

These are the DMV suspensions, which are not the same as the suspension a court imposes on conviction. Both can apply.

SituationFirstSecond in 10 yearsThird or more
Test result 0.08% or higher4-month suspension1-year suspension1 year
Refusing the chemical test1-year suspension2-year revocation3-year revocation
Under 21 at 0.01%1-year suspension—
Commercial driver at 0.04%4 months1 year
Refusing costs more than failing. A refusal turns a four-month suspension into a full year, and there is no restricted license during a refusal suspension. Refusing while already on DUI probation adds another year on top.

How the hearing works

  • Hearings are held by videoconference or by telephone using the number in your Notice of Hearing.
  • We can subpoena the officer and the records, cross-examine, and put on evidence.
  • The hearing officer can sustain, set aside, end or modify the action — but cannot shorten a period the Vehicle Code fixes.
  • If the DMV cannot schedule your hearing before the suspension date, the action is stayed until it concludes.

Getting back on the road

If the suspension stands, a restricted license generally requires proof of enrollment in a DUI program, an SR-22 certificate from your insurer, the fees paid, and — depending on the offense — an ignition interlock device. There is a $125 reissue fee ($100 for an under-21 zero-tolerance suspension). See our license reinstatement page for the full path.

Two ways to handle this

If all you need is the hearing requested before the clock runs out, our Self-Help tool prepares and files the request for $19.99. If you want an attorney to actually appear and fight it, that is $500 for DMV representation only — or ask us about full representation covering both the DMV and the court case.

We handle these cases across seven counties

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This page is general information about California law, not legal advice, and reading it does not create an attorney–client relationship. Penalties and procedures vary by county, by judge and by the facts of your case. Talk to us about yours.

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Nathan Passavant

Nathan Passavant

Attorney · California Bar #310324

Nathan earned his J.D. from Michigan State University College of Law and was admitted to the bar in 2010. He is licensed to practice in California and founded The 805 Legal Team in 2017 to serve his Central California community, building it around DUI defense — the DMV hearing and the court case both, because losing track of either one costs clients their license. California Bar #310324.

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Our promise

Straight answers, no runaround, and a team that fights both the DMV and the court so you don't have to face either alone.

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What happens next

Getting help is simple

Call or request a review

Reach us 24/7. Tell us what happened — it's free and confidential.

We protect your license

We file your DMV hearing request before the 10-day deadline runs.

We build your defense

We review the evidence, the stop, and the testing, and map your options.

We fight for you

At the DMV and in court — for dismissal, reduction, or the best outcome.

Common questions

DMV / APS Hearings — questions we get asked

What happens if I miss the 10-day deadline?
You forfeit the hearing and the suspension takes effect on the date shown on your Order of Suspension. There is no general extension. If you are close to the deadline, call today rather than tomorrow.
Is the DMV hearing the same as court?
No. It is an administrative proceeding run by a DMV hearing officer, not a judge, and it decides only your driving privilege. You can win one and lose the other — they do not cancel out.
Do I have to attend?
Not if you are represented. Hearings run by videoconference or telephone and your attorney can appear for you, subpoena the officer and the records, and cross-examine.
Can I drive while the hearing is pending?
Generally yes. Requesting within ten days stays the suspension, and if the DMV cannot schedule your hearing before the suspension date the action is stayed until it concludes.
What does the hearing officer actually decide?
Three narrow questions: whether the officer had reasonable cause to believe you were driving under the influence, whether the arrest was lawful, and whether your BAC was 0.08% or higher — or, in a refusal case, whether you were properly admonished and refused.
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