What Happens at a California DMV Hearing After a DUI Arrest

August 20, 2026

If you were recently arrested for DUI in Rancho Cucamonga, San Bernardino County, or anywhere in Southern California, you are likely dealing with two separate cases at once, and most people do not realize it until it is almost too late.


There is a criminal case, which moves through the courts. And there is the DMV case, which decides whether you keep your license, and it moves much faster.


The 10-Day Deadline

After a DUI arrest, you have only 10 calendar days from the date of arrest to request what is called an Administrative Per Se hearing, often shortened to an APS hearing. If you do not request one in time, your license is automatically suspended, whether you are ever convicted of anything in criminal court.


This is one of the most common and costly mistakes people make after an arrest. The paperwork officers hand you at the scene functions as a temporary license, and it can feel like there is plenty of time to deal with everything later. There is not.


What the Hearing Actually Decides

A DMV hearing is not a criminal trial, and it is not decided by a judge or jury. It is handled by a DMV hearing officer, and the questions are narrower than most people expect. Generally, the hearing officer is deciding three things.


Did the officer have a lawful reason to stop you in the first place. Was there probable cause to believe you were driving under the influence. And did your chemical test result meet or exceed the legal limit, or did you refuse to test.


Because the scope is limited, a hearing can sometimes be won on a technical or procedural issue even when the criminal case is more complicated. This is part of why requesting the hearing matters so much, it opens the door to challenging the suspension on its own terms.


Why Having an Attorney Request the Hearing Matters

You can request an APS hearing yourself, but there are a few reasons people choose to have an attorney handle it instead.


An attorney can request the officer's full report and any available video before the hearing, rather than walking in without knowing what evidence exists. An attorney also knows how to formally request a stay of the suspension while the hearing is pending, so your driving privileges are not interrupted while everything works its way through the process. And because the hearing officer is a DMV employee, not a neutral judge, having someone in your corner who does this regularly changes how the conversation goes.


As a former Deputy District Attorney, I have seen these cases from the prosecution side, and I now use that experience to push back on the state's evidence for clients on the defense side, in both the DMV hearing and the criminal case that runs alongside it.


What to Do Right Now

If you were arrested recently, count the days carefully. If you are close to or past the 10-day mark, call an attorney today rather than waiting until Monday or until you feel ready to deal with it. Once that window closes, the suspension becomes very difficult to undo.


If you already read our earlier post on the first steps to take after a DUI arrest, this deadline is the single most time sensitive item on that list.


Talk to a DUI Defense Attorney Today

Lucero, PC represents clients across Rancho Cucamonga, San Bernardino County, and Los Angeles County who are facing DUI charges and the DMV process that comes with them. If you were recently arrested, do not wait out the clock. Call our office today to talk through your options and, if there is still time, get your hearing requested before the deadline passes.


*This post is for general informational purposes only and does not constitute legal advice. Every case is different, contact an attorney to discuss the specific facts of your situation.*

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