Protect Your License
DMV Considerations After a DUI
Most people focus on the criminal case — but the DMV action moves faster and can cost you your license before you ever set foot in court.
The 10-Day Rule
When you're arrested for DUI in California, the arresting officer typically takes your driver's license and issues a pink temporary permit valid for 30 days. You have exactly 10 calendar days from the date of arrest to contact the DMV and request an Administrative Per Se (APS) hearing. If you miss that window, your license is automatically suspended — no exceptions, no extensions.
10 calendar days. That's all you have. Don't wait.
What Is the APS Hearing?
The Administrative Per Se hearing is a proceeding conducted by the California DMV — not a court. A DMV hearing officer reviews the evidence and decides whether your license should be suspended. It is entirely separate from your criminal DUI case.
The hearing focuses on three narrow questions: Was there lawful cause to stop you? Was there lawful cause to arrest you? Was your BAC .08% or higher at the time of driving (or did you refuse a chemical test)?
While the standard of proof is lower than in criminal court, there are real defenses available — and an experienced attorney can challenge the stop, the arrest, and the testing procedures.
Possible Outcomes
Hearing Set Aside
If the DMV finds in your favor, the suspension is set aside and your license is returned. This is the best outcome and is achievable in many cases.
Suspension Upheld
If the DMV upholds the suspension, the length depends on your history. A first offense typically results in a 4-month suspension.
Restricted License
In many cases, even after a suspension, you may be eligible for a restricted license allowing you to drive to work, school, and DUI classes.
IID Program
California's Ignition Interlock Device program allows some drivers to maintain full driving privileges by installing a breath-test device in their vehicle.
Criminal Court vs. DMV: Two Separate Battles
| Aspect | Criminal Court | DMV Hearing |
|---|---|---|
| Who decides | Judge or jury | DMV hearing officer |
| What's at stake | Fines, probation, jail time, criminal record | Driver's license |
| Standard of proof | Beyond a reasonable doubt | Preponderance of evidence |
| Timeline | Months | Weeks to months |
| Outcome affects the other? | No | No |
DMV Hearing Defenses
Lars Shallberg has represented clients at DMV hearings throughout Santa Cruz County for over 35 years. Common defenses include:
Out-of-State License Holders
If you hold a license from another state, California cannot suspend it directly — but it can suspend your privilege to drive in California and will notify your home state's DMV. Most states will then take action against your license under interstate compact agreements. The APS hearing process still applies and is still worth fighting.
Don't Let the 10-Day Deadline Pass
Call Lars Shallberg today. He'll request the DMV hearing, handle the paperwork, and fight to protect your license.