California DMV Hearing Guide: Everything You Need to Know

Facing a DMV hearing after a DUI arrest? You're not alone. California conducts over 150,000 DMV hearings per year, and most people don't know what to expect. This comprehensive guide will walk you through the entire process.

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Table of Contents

What is a DMV APS Hearing?

An Administrative Per Se (APS) hearing is your opportunity to challenge the DMV's decision to suspend your license after a DUI arrest. This is completely separate from your criminal court case and has different rules and potential outcomes.

The 10-Day Deadline

You have exactly 10 days from your arrest to request a DMV hearing. Miss this deadline, and your license is automatically suspended with no appeal. The hearing typically occurs 30-60 days after your request.

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What the DMV Must Prove

The hearing officer will determine three things: (1) Did the officer have reasonable cause to stop you? (2) Was the arrest lawful? (3) Was your BAC 0.08% or higher, or did you refuse testing? You only need to win on one point to keep your license.

Evidence You Can Present

You can challenge the accuracy of BAC tests, question the legality of the stop, present witness testimony, and highlight procedural errors. The burden of proof is on the DMV, but it's a lower standard than criminal court.

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Need Help with Your DMV Hearing?

Don't face the DMV alone. Our specialists have helped thousands of Californians navigate the hearing process and keep their licenses.

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