In California, there is a strict timeline right after a DUI arrest that many drivers do not know about. While your criminal court date may be weeks or months away, you also need to abide by a short Department of Motor Vehicles (DMV) deadline that comes fast.
In addition to your trial, there is a separate hearing at DMV that is required if you want to contest the automatic suspension of your driver’s license. Acting quickly is key to protecting your driving privileges.
Following the 10-day window
You generally have 10 calendar days from your arrest date to contact the DMV Driver Safety Office to request an Administrative Per Se (APS) hearing. By requesting a hearing, you can pause the license suspension to continue driving until there is a final decision. If you miss this 10-day window, your license is automatically suspended 30 days after your arrest.
There are two separate battles
The APS hearing is a civil administrative process, while the court handles criminal penalties like fines, jail time and probation. Winning your court case does not always undo a DMV suspension if you failed to request a hearing within the 10-day window.
When the hearing can be a critical defense tool
An APS hearing can help your court case by allowing your lawyer to call the arresting officer to testify and collect evidence before your criminal case goes to court. Details from police reports and calibration logs can be important for building your defense.
The DMV will examine the nature of the arrest, your blood alcohol concentration (BAC) and the presence of probable cause. These findings can strengthen your case and help you better prepare for your upcoming court trial.
Why prompt action can be an advantage
A clerical deadline should not affect your ability to work and commute. Requesting a hearing on time after a DUI arrest can allow you to potentially keep your license. Taking this step now can make a difference in your future court case.