Getting arrested for a DUI in California is bad enough, but what comes next might surprise you. Before you ever step foot in a courtroom, you’ll have to face the Department of Motor Vehicles in what’s called an Administrative Per Se hearing, or DMV hearing.
This isn’t a formality. It’s a fight for your right to drive. And if you ignore it, the DMV will automatically suspend your license, no judge or jury required.
So, what exactly happens at this hearing, and how do you make sure it goes your way? Let’s break it down.
What the DMV Hearing Is (and Isn’t)
A DMV hearing is not a criminal trial. You won’t stand before a judge, and no one’s sending you to jail from this one. It’s an administrative process run by a DMV officer to decide one thing, whether your driving privilege should be suspended.
This is separate from your court case. Even if your DUI charges get dismissed in court, the DMV can still suspend your license if they believe there was enough evidence to justify it.
The key takeaway, you’re fighting two battles after a DUI, one with the court, and one with the DMV.
The 10-Day Rule
Once you’re arrested for DUI, the officer takes your license and gives you a temporary pink one that’s valid for 30 days. From that day, you have 10 calendar days to contact the DMV and request a hearing.
Miss that deadline, and your license suspension automatically begins after 30 days. No hearing, no argument, no second chance.
That’s why this is step one after your arrest, not calling a lawyer, not posting about it online. Contact the DMV first or have your attorney do it for you.
What the DMV Has to Prove
The hearing officer, usually a DMV employee, will review the evidence and decide if your suspension is justified. Their job is to answer three questions:
1. Did the officer have reasonable cause to believe you were driving under the influence?
2. Were you lawfully arrested?
3. Was your BAC .08 percent or higher, or .01 percent if you’re under 21, or .04 percent for commercial drivers?
If the answer to all three is yes, your license gets suspended. Your job, or your attorney’s job, is to poke holes in any of those points.
What Actually Happens During the Hearing
A DMV hearing is usually held at a local Driver Safety Office. It can happen in person, but most are done over the phone. It typically lasts less than an hour.
During the hearing:
• The DMV officer will present evidence, usually the arrest report, breath or blood test results, and any statements you made.
• You or your attorney can cross-examine the officer, challenge the evidence, and present your own witnesses or documents.
• You can argue that the stop was illegal, the test was unreliable, or the arrest was not based on probable cause.
After the hearing, the officer doesn’t decide on the spot. You’ll receive a written notice of their decision by mail, usually within two to three weeks.
How to Win Your DMV Hearing
DMV hearings are tough to win. The state reports that most drivers lose their license at this stage, but it’s absolutely possible to win if you know what to target.
Here’s how good defense attorneys do it:
1. Challenge the Stop
If the officer didn’t have a valid reason to pull you over, every piece of evidence that came after can be thrown out. No probable cause means no case.
2. Question the Testing Process
Breathalyzers must be properly calibrated and maintained, and operators must follow specific testing procedures. If they didn’t, your results might be unreliable.
3. Demand the Paper Trail
You’re entitled to review all evidence against you before the hearing. That includes maintenance logs for breath machines, chain of custody for blood samples, and the officer’s notes. Any missing or flawed paperwork can weaken the DMV’s case.
4. Attack the Arrest Procedure
If your rights were violated, like not being read implied consent warnings properly, you can argue that the arrest was unlawful, which can stop the suspension entirely.
5. Use Expert Witnesses
Some drivers hire toxicology experts to testify about BAC accuracy, absorption rates, or medical conditions that might affect results. It’s not cheap, but it can make a huge difference in close cases.
What Happens if You Lose
If the DMV rules against you, your suspension will begin immediately, or after your pink license expires. The length of suspension depends on your situation:
• First offense, 4 months
• Refusal to test, 1 year
• Under 21, Zero Tolerance, 1 year
• Multiple DUIs, 1 to 3 years
Most drivers can qualify for an Ignition Interlock Device, IID, restricted license, which allows you to drive anywhere as long as you blow clean before starting the car.
To get that, you must:
1. Enroll in a licensed DUI program.
2. File an SR-22 insurance form.
3. Pay reinstatement fees.
4. Install an IID through a state-approved provider like Clear2Drive.
You’ll still face criminal court penalties later, but an IID license can keep your life moving while you deal with them.
What Happens if You Win
If you win your hearing, you keep your license and your record stays cleaner. But the criminal case can still result in suspension later, depending on the outcome.
Still, winning buys you time, credibility, and leverage in your court case. It shows you’re fighting smart, not just hoping for mercy.
Tips for Giving Yourself the Best Shot
1. Don’t represent yourself. DMV hearings are technical and evidence-heavy. An experienced DUI attorney knows what to look for and how to argue it.
2. Request the hearing immediately. This preserves your rights and stops the automatic suspension.
3. Be polite and professional. DMV officers are human. Respect and preparation go further than hostility.
4. Keep copies of everything. Your pink license, paperwork, and any communication with the DMV.
5. Prepare like it’s court. Because in many ways, it is.
The Bottom Line
The DMV hearing isn’t just red tape. It’s your first and best chance to protect your license after a DUI. Losing it means months of inconvenience, expense, and stress, while winning can make the rest of your legal process easier.
If you take nothing else away from this, remember this, the clock starts ticking the moment you’re arrested. You have ten days to act, and waiting even one day too long can cost you your ability to drive.
Get a lawyer, request the hearing, and fight it like it matters, because it does.
Key Takeaways
• The DMV hearing decides whether your license stays valid after a DUI arrest.
• You have only 10 days from arrest to request it.
• You can challenge the stop, testing, or arrest procedures.
• Winning keeps your license, losing can trigger a 4-month to 1-year suspension.
• An IID-restricted license may allow continued driving.
Sources:
California DMV – Administrative Per Se Hearings
California Vehicle Code Section 13353
California Department of Motor Vehicles – DUI Administrative Process