Audiencias DMV y DUI en CaliforniaCalifornia Vehicle Code § 13353 & § 13558
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Two Separate Proceedings After a DUI Arrest
When you are arrested for DUI in California, you face two completely separate legal proceedings: a criminal case in court and an administrative hearing with the California DMV. The DMV Administrative Per Se (APS) hearing determines whether your driver's license will be suspended — and you have only 10 days from your arrest to request one. Missing this deadline means automatic suspension.
What the APS Hearing Covers
The hearing focuses on three issues: (1) whether the officer had reasonable cause to believe you were driving under the influence; (2) whether you were lawfully arrested; and (3) whether your BAC was 0.08% or higher. A DMV hearing officer presides — not a judge — and has authority to uphold or set aside the suspension.
Why You Need an Attorney
An experienced DUI attorney can subpoena the arresting officer, challenge breathalyzer and blood test accuracy, raise procedural defects, and present evidence that saves your license. Even if you face consequences in criminal court, winning the DMV hearing preserves your driving privileges — which is critical for work and daily life.
License Suspension Periods
First DUI offense: 4-month suspension. Second DUI within 10 years: 1-year suspension. Refusing a chemical test: 1-year suspension for first refusal, longer for subsequent refusals. An Ignition Interlock Device (IID) may be required for reinstatement.
Call Us Now — The 10-Day Deadline Is Absolute
Contact Virtuoso Criminal and DUI Lawyers immediately at (833) 666-5245. We will request your DMV hearing right away and begin building your defense on both fronts. Available 24/7.
The DMV hearing and the criminal court case are completely independent proceedings. Winning in court does not save your license — and you must request the hearing within 10 days.