Most people arrested for DUI focus on the court date. But in California, a second process starts the moment you are arrested: the DMV's review of your driving privilege. It moves faster than the court case, and it has a deadline that is easy to miss.
The short version. In California you generally have 10 days from the date you received the suspension notice, which is usually the day of the arrest, to request a DMV hearing. If you do not, the suspension usually takes effect automatically, often about 30 days after the arrest.
Two cases from one arrest
A DUI arrest in California usually creates two separate cases:
- The criminal case in court, where the prosecutor decides whether to charge you and a judge decides the outcome. This case can lead to probation, fines, classes and other penalties.
- The administrative case at the DMV, often called the "admin per se" process. This case is only about your driving privilege, and it can result in a suspension even if the criminal case has not been decided.
The two cases have different rules, different decision makers and different timelines. It is possible for the outcomes to be different too.
What happens at the arrest
In many cases the officer takes your physical driver's license and gives you a pink notice of suspension. That notice usually also serves as a temporary license, generally valid for 30 days. It explains that your license is being suspended and that you have the right to request a hearing within 10 days.
Keep that notice. It has information you or your attorney need to request the hearing.
What the DMV hearing is about
The hearing is held by a DMV hearing officer, not a judge, and it is often held by phone or video. It focuses on a few questions, generally including:
- Did the officer have reasonable cause to believe you were driving under the influence?
- Were you lawfully arrested?
- Was your blood alcohol level 0.08% or more, or did you refuse a chemical test after being properly advised?
Because the hearing focuses on these issues, the same problems that matter in court, such as how a breath test was given or how a blood sample was handled, can matter here too.
Why requesting the hearing matters
Requesting a hearing within the deadline keeps your options open. Depending on the circumstances, it can:
- Give you a chance to challenge the suspension before it is imposed.
- In some cases, allow you to keep driving until the hearing is decided.
- Give your attorney an early look at the evidence the officer submitted, including reports and test results.
If no hearing is requested, the DMV generally imposes the suspension without one.
How long a suspension can last
The length depends on your record and whether a test was refused. As a general guide for adult drivers, a first administrative suspension is often four months, while a refusal or a prior DUI within 10 years can mean a much longer suspension or a revocation. Separate rules apply to drivers under 21 and to commercial drivers. Because the details depend on your history, ask an attorney what applies to you.
Can I still drive to work?
Sometimes. Many drivers may be eligible for a restricted license, which often requires installing an ignition interlock device and enrolling in a DUI program. Eligibility and timing depend on your record and on whether a test was refused. This is one of the most common questions people have, and it is worth discussing early.
What to do now
- Find the pink notice you received at arrest, and check the date.
- Count 10 days from that date and treat it as a hard deadline.
- Request the hearing, or have an attorney request it for you, as early as possible.
- Do not assume the court case and the DMV case are the same thing. Both need attention.
Talk to Marcus
Marcus E. DeBose has defended San Diego DUI cases since 2001. If you were arrested in the last few days, call (619) 876-0992 so the DMV deadline is not missed. Your first consultation is free, in person at the Mission Valley office, or by phone or Zoom. Hablamos español. Learn more about DUI defense and what happens after a DUI arrest.
This article is general information about California law, not legal advice for your situation. Laws, DMV procedures and suspension periods can change, and every case is different. Reading it does not create an attorney-client relationship.