If you landed on this page because you or someone close to you received a DMV APS notice after a DUI arrest, you are in the right place. This is not the time to guess, wait for court, explain yourself to the DMV, or hope the license issue quietly goes away. The DMV process can start moving before you fully understand what is happening.
Deadlines are running. Paperwork may already be in the DMV Driver Safety system. A hearing request may need to be filed fast. What you do now can affect your license, your criminal case strategy, your job, your insurance, your ability to drive, and your family.
My Rights Law defends people arrested for DUI and facing DMV APS hearings in California. If an officer took your license, gave you a pink temporary license, served a suspension order, or you are unsure whether the 10-day DMV deadline has been handled, call now and speak with a DUI defense lawyer before you make the next move.
Call 888-702-8882 for a free, confidential consultation. We are available 24/7. Se habla español.
Administrative Per Se, or APS, is the DMV’s immediate administrative action against a person’s driving privilege after certain DUI arrests. The California DMV explains that APS sanctions are independent from any jail sentence, fine, probation, DUI program, or other criminal penalty that may come from a DUI conviction in court.
That means a DUI arrest can trigger two separate tracks at the same time:
The APS hearing is handled through the DMV Driver Safety system. It is not handled at a regular DMV field office, and it is not decided by the criminal court judge.
An APS action commonly starts when a driver is arrested on suspicion of DUI and the officer serves a suspension or revocation order. According to the California DMV, the officer forwards the completed notice, any driver license taken into possession, the sworn report, and test results to the DMV.
The exact APS issue depends on the arrest facts. A DMV hearing may involve an adult BAC allegation, an under-21 allegation, a DUI probation allegation, a commercial driver allegation, or a refusal allegation.
California DMV guidance states that you have the right to request a hearing from the DMV within 10 days of receiving the suspension or revocation order. If you miss the deadline, the DMV suspension can move forward automatically.
This is why DUI defense planning often starts with one urgent question: has the DMV hearing already been requested?
For more detail on the deadline, read our related guide: How to request a DMV hearing after a DUI arrest in California and why the 10-day deadline matters.
The DMV hearing is limited. It does not decide whether you are guilty of DUI. The DMV states that the hearing concerns your driving privilege and the circumstances surrounding the arrest.
For a case involving a blood, breath, or applicable urine test, the DMV lists issues such as:
For a refusal allegation, the hearing may also address whether the officer gave the required warning and whether you refused or failed to complete the requested test.
A regular DMV field office handles licensing and vehicle registration services. A DMV Driver Safety Office handles many driver safety matters, including hearings and driving privilege issues. The California DMV says Driver Safety Offices do not provide driver license or vehicle registration services.
Criminal court is different again. The court case can involve arraignment, plea negotiations, motions, trial, fines, probation, jail exposure, DUI classes, and other criminal penalties. The DMV Driver Safety hearing focuses on whether the DMV action against your license should be sustained or set aside.
Protect your license after a California DUI arrest. Call 888-702-8882 now.
After a DUI arrest, the most important DMV documents often include the suspension or revocation order, the temporary license, the officer’s sworn statement, chemical test records, and later DMV hearing notices. Many drivers refer to the pink temporary license paperwork as the DS-367 form.
Keep the paperwork together. It can show the arrest date, the notice date, the claimed legal basis for the suspension, the arresting agency, and the Driver Safety contact information. A defense lawyer can use those details to check deadlines, request records, and look for problems in the DMV’s evidence.
If the DMV sets aside the action, the DMV administrative suspension or revocation does not go forward from that APS action. If the DMV sustains the action, your driving privilege can be suspended or revoked for the applicable period.
For adults 21 or older with a BAC of 0.08% or more, the DMV lists a four-month suspension for a first offense and a one-year suspension for a second or subsequent offense within 10 years. Refusal allegations can carry longer consequences. Your actual options may depend on your record, the allegation, DUI program enrollment, insurance proof, and ignition interlock device eligibility.
The DMV says a request for a restricted license cannot be considered at the DMV hearing. That does not mean restricted driving options are impossible. It means restriction eligibility is a separate DMV issue.
Depending on the case, a driver may need to look at ignition interlock device options, DUI program enrollment, proof of financial responsibility, reissue fees, and any required hard-suspension period. Refusal cases, underage cases, commercial license issues, and repeat DUI history can change the analysis.
A DMV hearing can be evidence-heavy even though it is not a criminal trial. A defense lawyer may be able to:
No lawyer can guarantee that the DMV will set aside a suspension. The goal is to act quickly, protect every available option, and challenge weaknesses in the DMV’s case when the facts support it.
If your DUI arrest happened in Southern California, My Rights Law can help you understand the DMV hearing, the criminal case, and the steps that need attention first.
No. An APS hearing is a DMV Driver Safety proceeding about your driving privilege. DUI court is the criminal case about the DUI charge and possible criminal penalties.
The California DMV says you have the right to request a hearing within 10 days of receiving the suspension or revocation order. If you miss the deadline, the DMV suspension can move forward automatically.
Yes. The DMV APS action is separate from the criminal DUI case. The DMV can act on your driving privilege before the criminal case is finished.
No. A DMV win can protect your driving privilege from that administrative action, but it does not dismiss the criminal DUI charge. The criminal case must be handled separately.
The DMV says a request for a restricted license cannot be considered at the DMV hearing. Restricted license or ignition interlock device options are separate issues that may depend on your eligibility and case facts.
The following official sources are useful for understanding the DMV hearing process and the California DUI statutes commonly involved in APS matters:
If you received a DUI suspension notice, time matters. My Rights Law can review the DMV deadline, the court case, and the defense options available in your situation. Call 888-702-8882 now for a free confidential consultation.
This page provides general legal information for California DUI and DMV matters. It is not legal advice for your specific case. A DUI attorney should review your arrest facts, DMV paperwork, and court case before you make decisions.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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