California DMV Hearings After a DUI Arrest
Act Fast – You Only Have 10 Days to Save Your License
If you’ve been arrested for DUI in California, you’re not just facing criminal charges—you’re also facing a separate battle with the Department of Motor Vehicles (DMV). This process is known as an Administrative Per Se (APS) hearing, and it’s where the DMV decides whether to suspend your driver’s license—even before your criminal case is resolved.
At KF Law, our Los Angeles DMV hearing attorneys act fast to protect your license. The clock starts ticking the moment you’re arrested—you only have 10 days to request a hearing. We’ll handle everything and fight to keep you on the road.
What Is a DMV Hearing?
A DMV hearing is a civil administrative process that focuses solely on your driving privileges—not on guilt or innocence in criminal court.
The hearing is usually conducted by a DMV hearing officer, not a judge, and is much less formal than a courtroom trial. That said, the consequences are very real. If you don’t request and win your hearing, your license will be automatically suspended.
When Do DMV Hearings Occur?
DMV hearings are typically triggered by:
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DUI arrests
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Refusing a chemical test (breath, blood, or urine)
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Driving with a suspended license
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Excessive points on your driving record
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Medical conditions affecting your ability to drive
Our firm primarily represents clients facing DMV hearings after DUI arrests, where the goal is to prevent a license suspension or revocation.
DUI and the DMV – The 10-Day Rule
After a DUI arrest in California, the officer will usually issue a pink temporary license and confiscate your driver’s license.
From that moment, you have:
📅 10 calendar days to request a DMV hearing
❗ Failure to act means an automatic license suspension after 30 days
🚫 Even if you win your criminal case later, it won’t stop the DMV suspension unless you win at the hearing
What Happens at a DMV Hearing?
At your hearing, the DMV officer will review several key questions:
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Did the officer have reasonable cause to believe you were driving under the influence?
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Were you lawfully arrested?
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Was your BAC 0.08% or higher? (Or 0.01% for under-21 drivers; 0.04% for commercial drivers)
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Did you refuse or fail to complete a chemical test?
We use the hearing to challenge the evidence, present witnesses, and expose procedural flaws that could save your license.
DMV Hearing Outcomes
The DMV hearing officer may:
✅ Set aside the suspension – You keep your license
🚫 Uphold the suspension – Your license is suspended for 4 months to 3 years, depending on prior offenses and refusals
Even if you lose, we may be able to help you obtain a restricted license that allows you to drive to work, school, or medical appointments.
How We Defend You at a DMV Hearing
Our legal team uses every available defense, including:
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Unlawful DUI stop
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Improper chemical test procedure or machine malfunction
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Officer mistakes or failure to follow protocol
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Medical conditions that mimic intoxication
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Missing or flawed paperwork
We also use DMV hearings to gather evidence for your criminal DUI case—such as cross-examining the arresting officer and requesting key documents.
Why Choose Our Los Angeles DMV Hearing Lawyers?
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✔️ Extensive experience with DMV and DUI defense
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✔️ Quick response and emergency consultations
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✔️ Representation at all Southern California DMV offices
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✔️ Strategic approach to protect both your license and your case
We’ve helped hundreds of drivers keep their licenses and move forward without devastating disruptions to their lives.
Contact Us Today – Time Is Running Out
Don’t let the DMV take your license without a fight. Contact KF Law today for a free, confidential consultation. We’ll step in immediately, request your hearing, and prepare a strong defense.
📞 Call (213) 290-6464 or submit our online contact form below to speak with a Los Angeles DMV hearing attorney now.
Serving drivers throughout Los Angeles County, including Hollywood, Pasadena, Burbank, Santa Monica, and the San Fernando Valley.