A DUI arrest starts two separate cases: the criminal case in court, and the DMV case that decides your license.
You have 10 days to request the DMV hearing. Miss it, and the suspension becomes automatic.
Two Separate Cases
The DMV Administrative Per Se (APS) hearing is not part of the court case. It is a separate administrative proceeding, with a different decision-maker, different rules, and a different question: not guilt, but whether the DMV can suspend your license.
The 10-Day Deadline
You have 10 days from the arrest to request the APS hearing. Requesting it in time stays the suspension while the hearing is pending and preserves your right to challenge it. The APS suspension itself is automatic on a 0.08%-or-higher result — 4 months for a first offense, 1 year for a second within 10 years (Veh. Code § 13353.3). Missing the 10-day deadline doesn’t lengthen that suspension; it forfeits your chance to contest it, and the suspension takes effect after 30 days. This is the single most-missed step after a DUI arrest. A separate, longer suspension — 6 months first offense, 2 years second, 3 years third, under Veh. Code § 13352 — applies only if you are convicted in court; the two are independent.
How the Hearing Works
At the hearing, the issues are narrow: was the stop lawful, was there probable cause to arrest, and was your blood-alcohol concentration 0.08% or higher. A lawyer can subpoena the officer, challenge the breath or blood test, and attack the stop — the same work that helps the criminal case. Winning the APS hearing means you keep your license. See what to do after a DUI arrest.
Frequently Asked Questions
How long do I have to request a DMV hearing after a DUI?
Ten days from the date of arrest. Requesting the Administrative Per Se hearing within 10 days stays the license suspension while the hearing is pending. The APS suspension is automatic on a 0.08%-or-higher result — 4 months for a first offense, 1 year for a second within 10 years (Veh. Code § 13353.3). Missing the 10-day deadline doesn't lengthen the suspension; it forfeits your chance to contest it, and the suspension takes effect after 30 days. A separate, longer suspension applies only if you are convicted in court — 6 months first offense, 2 years second, 3 years third, under Veh. Code § 13352.
Is the DMV hearing the same as the court case?
No. The DMV Administrative Per Se hearing is a separate administrative proceeding with a different decision-maker and different rules. It decides only whether the DMV can suspend your license — not your guilt in the criminal case.
What is decided at a DMV DUI hearing?
Three narrow issues: whether the stop was lawful, whether there was probable cause to arrest, and whether your blood-alcohol concentration was 0.08% or higher. A lawyer can subpoena the officer and challenge the chemical test to try to save your license.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com