After a DUI Arrest in California: The DMV Hearing and the 10-Day Deadline

Two cases start at the same time

When an officer arrests you for driving under the influence and your breath or blood test shows a blood alcohol concentration of 0.08% or more, or you refuse to test, the officer usually takes your paper license and hands you an Order of Suspension and Temporary License, often called the pink notice. This starts the administrative per se action under Vehicle Code section 13353.2. It is a civil license case run by the DMV.

At the same time, the police send a report to the prosecutor, who decides whether to file criminal charges under Vehicle Code section 23152. That case is heard in the superior court of the county where you were arrested. The two proceedings have different rules, different decision makers and different outcomes. Winning one does not automatically win the other, and a guilty plea in court can lead to separate license consequences.

Why the 10 days matter

According to the DMV, you have the right to request a hearing within 10 days of receiving the suspension or revocation order. The DMV also reviews the officer's report on its own, but that review is on paper only. The hearing is your chance to challenge the suspension with evidence and, often through an attorney, to question how the stop, the arrest and the test were handled.

The pink notice generally works as a temporary license for 30 days from the date it was issued, provided your license is otherwise valid. When you request the hearing, ask how your driving privilege is affected while the hearing is pending. If the 10 days pass without a request, you usually lose the chance to contest the suspension at all.

• Count the 10 days from the day you received the notice, not from your court date.
• Write down the date and the name of the arresting agency from the notice.
• Keep the notice; it is often the only proof of your temporary driving privilege.

What the hearing looks at

A DMV administrative hearing is narrower than a criminal trial. In general it focuses on whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether your test result was at or above the legal limit or whether you refused after being told the consequences. The hearing officer works for the DMV, and the rules of evidence are more relaxed than in court.

The length of a suspension depends on your age, whether you took or refused a test and on prior offenses. The DMV states, for example, that drivers 21 or older with a first offense and a test result of 0.08% or more face a four-month suspension. Refusing a chemical test generally leads to longer consequences. Depending on your situation, you may be able to apply for a restricted license, which can require an ignition interlock device.

What to do in the first week

Request the DMV hearing in time, even if you have not yet decided whether to hire an attorney. Gather the documents you received at the arrest and write down what you remember while it is fresh: where you were stopped, what you drank or took and when, which field tests you did and how the chemical test was given. A criminal defense attorney can use these notes for both the DMV case and the court case.