What Happens at a DMV APS Hearing After a California DUI Arrest?

A DUI arrest in California starts two separate clocks. One is the criminal case that plays out in court over the following months. The other is a 10-day countdown to save your driver’s license, decided by a DMV hearing officer, not a judge.

Many drivers do not realize this second process, called an Administrative Per Se or APS hearing, exists until the arresting officer hands over a temporary paper license and a form they do not fully understand. Missing the deadline can mean an automatic suspension no matter what happens later in criminal court.

How Does the Ten Day Countdown Work After a DUI Arrest?

When a driver is arrested in California for driving with a blood alcohol concentration of 0.08 percent or higher, or refuses a chemical test, the officer typically confiscates the physical license and issues a temporary paper license that also functions as an order of suspension.

Under Vehicle Code section 13558, a driver who wants a hearing before that suspension takes effect must request one within 10 days of receiving the notice, and the hearing itself is held as close as practicable to where the arrest occurred.

The California DMV describes this suspension as an immediate administrative action against driving privileges, separate from any penalty a court later imposes if the criminal DUI case ends in a conviction. If the 10-day window passes without a request, the suspension generally proceeds.

What Does the Temporary License Cover While You Wait?

Requesting a hearing within the deadline keeps the temporary license valid while the matter is pending, so driving privileges typically continue until a hearing officer reaches a decision. Requesting the hearing on time, not the eventual outcome, pauses the suspension in the meantime.

What Happens at the Hearing Itself?

An APS hearing is administrative rather than criminal, which means it is decided under a lower evidentiary standard than a criminal trial and does not involve a jury.

The hearing officer generally looks at a narrow set of questions: whether the officer had reasonable cause to believe the driver was operating a vehicle under the influence, whether the arrest was lawful, and whether the driver had a qualifying blood alcohol concentration or refused a required chemical test.

Since these hearings rely heavily on police reports and breath or blood test records, the paperwork behind an arrest can end up mattering just as much as the arrest itself.

What Are the Possible Outcomes?

A hearing officer can set aside the suspension, uphold it, or in some circumstances allow a restricted license that permits driving to work, school, or a required program. Whether a suspension is upheld, and for how long, generally depends on the specific grounds involved and whether this is a first DMV action or a repeat one.

What Mistakes Do Drivers Make with the DMV Process?

The most common mistake is assuming the DMV side will follow whatever happens in criminal court, and losing track of the 10-day window while focused on hiring a criminal defense lawyer.

Another is treating the hearing as an informal conversation rather than a proceeding where the DMV presents its own evidence against the driver.

Drivers who try to request the hearing and gather evidence on their own often run into trouble obtaining police reports and breath test calibration records, since these are not always easy to request without knowing the right office and the right form.

This is a narrow, fast-moving administrative process with a hard deadline, and a missed step can end it before it starts.

How Kosnett Law Firm Approaches DMV APS Hearings

Our DMV administrative hearings attorneys request these hearings for clients as soon as we are retained, so the 10-day window does not close while a criminal defense strategy is still coming together.

We review the same police reports and chemical test paperwork a hearing officer will consider, looking for the procedural or testing issues the APS process is built to weigh. Because the DMV hearing and the criminal case run on separate tracks, our DUI defense team works on both at once.

If your 10-day clock is already running, contact us as soon as you can so we can look at your options before that window closes.