DMV Hearings in California

Administrative Per Se (APS) DUI License Suspension Hearings

An Administrative Per Se (APS) hearing in California is a critical legal proceeding where the California Department of Motor Vehicles decides whether to suspend or revoke your driver's license following a DUI arrest.

Unlike your criminal DUI case, a DMV hearing is a civil administrative action that focuses solely on your driving privileges.

If you do not act quickly, the DMV will suspend your license automatically—even if your DUI case is later dismissed in court.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or contact us here.

What Is an Administrative Per Se (APS) Hearing?

An APS hearing allows you to challenge the DMV's attempt to suspend your driver's license after a DUI-related arrest. You are entitled to this hearing if you were:

⚠️ You must request the hearing within 10 days of your arrest.
Missing this deadline results in automatic license suspension.

APS Hearing Quick Facts

Your driving privileges are at risk immediately after a DUI arrest
The DMV action is separate from your criminal DUI case
Police typically confiscate your physical driver's license at arrest
You are issued a Notice of Suspension and Temporary License (DS-367)
You must contact the DMV Driver Safety Office within 10 days
The hearing is conducted by phone or at a DMV Driver Safety Office
The hearing officer is a DMV employee—not a judge
You have the right to legal representation at your own expense

How the DMV Hearing Process Works

Once you request an APS hearing, the DMV schedules a review before a Driver Safety Hearing Officer. This is not a courtroom proceeding—it is an administrative review with a lower burden of proof.

What the DMV Must Prove

The DMV only needs to prove its case by a preponderance of the evidence, meaning it is more likely than not that:

You were lawfully stopped
You were driving the vehicle
You were under the influence or had an unlawful BAC
You refused or failed a chemical test (if applicable)

This lower standard makes it easier for the state to win DMV hearings, which is why legal representation matters.

Your Rights at a DMV Hearing

At the APS hearing, you (or your attorney) may:

Review and challenge the DMV's evidence
Cross-examine the arresting officer
Subpoena witnesses and documents
Contest breathalyzer accuracy and calibration
Argue an improper traffic stop or a lack of probable cause
Challenge failures in chemical test procedures

The hearing officer will issue a written decision—typically within 30 days.

Common DMV Hearing Defenses

Effective defenses may include:

You were not driving the vehicle
The officer lacked probable cause to stop you
Improper administration of field sobriety tests
Failure to observe the 15-minute breath test observation period
Faulty or uncalibrated breathalyzer equipment
Failure to properly advise you of the chemical test refusal consequences

Winning the DMV hearing prevents license suspension and can significantly strengthen your criminal DUI defense.

Length of License Suspension in California

Suspension periods vary based on prior history and circumstances:

First-time DUI: up to 10 months
DUI with injury: 1 year
Chemical test refusal: 1 year
Second DUI: 2 years
Third DUI: 3 years
Fourth or subsequent DUI: 4 years

🔹 Some drivers may qualify for a restricted license or reduced suspension by installing an Ignition Interlock Device (IID).

Why You Need a DUI Attorney for a DMV Hearing

Although you may represent yourself, DMV hearings involve technical legal rules, evidentiary objections, and procedural deadlines.

A DUI attorney can:

Request strategic continuances
Appear on your behalf
Subpoena police and breathalyzer records
Expose investigative errors
Cross-examine officers effectively
Preserve defenses for your criminal case

Without experienced representation, most drivers lose their DMV hearing.

Protect Your License—Act Immediately

If you've been arrested for DUI in California, time is critical. You have only 10 days to protect your driving privileges.

For experienced representation at your DMV hearing and DUI case, contact Cron, Israels & Stark, California criminal defense lawyers based in Los Angeles.

📞 Schedule your consultation today at (424) 372-3112 before the deadline expires.

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DMV Hearing