If you’ve been arrested for DUI in California, you’re facing more than just a court date. The DMV initiates a separate process that can suspend your license automatically, even before a judge hears your case. This administrative procedure—known as a DMV hearing—requires a fast and strategic response if you want to keep your driving privileges.
This guide provides a clear, detailed explanation of how to navigate and win a California DMV hearing after a DUI arrest.
Why the DMV Hearing Matters
Most people don’t realize a DUI arrest triggers two distinct processes:
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A criminal case handled by the court
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A license suspension process handled by the California DMV
The DMV process is administrative and focuses solely on your driving privileges. It’s not about criminal guilt but about whether your license should be suspended due to suspected impaired driving. Importantly, this process happens quickly and independently of any criminal trial.
Act Quickly: The 10-Day Rule
After a DUI arrest, you must contact the DMV within 10 days to request a hearing. Failing to do so means your driver’s license will automatically be suspended after 30 days. This 10-day rule includes weekends and holidays, so time is of the essence.
By requesting a hearing, you can:
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Postpone the automatic suspension
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Obtain a temporary license
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Prepare a defense to potentially avoid suspension altogether
The hearing request must be made to the Driver Safety Office in the county where the arrest occurred—not your local DMV branch.
What the DMV Hearing Covers
At the hearing, the DMV will examine a few specific issues:
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Whether the officer had legal reason to stop or detain you
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Whether you were lawfully arrested
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Whether you were driving with a blood alcohol concentration (BAC) of 0.08% or higher
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Whether you refused to take a chemical test, if applicable
Unlike a court trial, the standard of proof is lower—it’s simply whether the evidence more likely than not supports suspension.
How to Prepare for the Hearing
Success at a DMV hearing comes down to preparation. You’ll want to collect all possible evidence that could support your case. This might include:
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Police reports
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Chemical test results
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Officer’s sworn statement
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Calibration and maintenance logs of the breathalyzer device
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Bodycam or dashcam footage (if available)
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Witness statements
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Your own recollection of events
It’s also important to request “discovery,” which is the evidence the DMV will use against you. You’re entitled to this information before the hearing.
Potential Defenses to Use
There are several defenses that may help you win your hearing, depending on the facts of your case. Here are some commonly used strategies:
Lack of Probable Cause
If the officer didn’t have a legitimate reason to stop you—such as erratic driving or a traffic violation—then the entire arrest might be deemed unlawful.
Incorrect or Faulty Testing
Breath and blood tests must follow strict procedures. If the device wasn’t properly calibrated, if the officer failed to observe you for 15 minutes before testing, or if samples were mishandled, the results could be invalid.
Improper Chemical Test Refusal Warning
If you’re accused of refusing a test, the officer must prove that you were properly advised of the consequences of refusal and still chose not to comply. Failure to read the warning properly can invalidate the refusal claim.
No Actual Driving
If there’s no proof you were actually driving—for example, if you were found asleep in your car—you can argue there’s no basis for the DMV to suspend your license.
BAC Below the Legal Limit
If your test results were under the 0.08% threshold and you complied with all testing requests, the DMV may not have grounds for suspension under administrative rules.
The Importance of Legal Representation
Although you’re allowed to represent yourself at a DMV hearing, having an experienced DUI attorney can make a significant difference. An attorney can:
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Subpoena evidence and witnesses
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Identify legal or technical flaws in the case
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Cross-examine the arresting officer
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Present alternative explanations for test results
In many cases, the attorney can also coordinate the DMV hearing with the criminal case, potentially minimizing the overall impact on your driving privileges.
What Happens at the Hearing
DMV hearings are usually held over the phone or at a Driver Safety Office. The hearing is conducted by a DMV employee, not a judge. During the hearing, both sides may present evidence, question witnesses, and make arguments.
The DMV has the burden to prove that your license should be suspended. If they fail to establish even one element of their case, your license will not be suspended.
You don’t have to testify at the hearing, though you may choose to if it helps your case.
After the Hearing: Understanding the Outcome
You’ll receive a written decision in the mail, usually within a few weeks. There are two possible outcomes:
The Action Is Set Aside
This means the DMV did not find sufficient reason to suspend your license. You’ll retain full driving privileges.
The Action Is Sustained
This means the DMV upheld the suspension. Depending on whether this is your first offense and other factors, you may:
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Serve a license suspension (typically 4 months for a first DUI)
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Apply for a restricted license for work or school
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Be required to install an ignition interlock device (IID)
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Enroll in a DUI education program
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File an SR-22 insurance form
Can You Appeal a DMV Hearing Decision?
Yes. If the DMV sustains the suspension, you have two options:
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Administrative Review: You can request that the DMV re-review the hearing decision. This must be done quickly and is usually only successful if a procedural error occurred.
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Court Appeal: You can file a petition for a “writ of mandate” in superior court to challenge the decision. This process is more complex and may require attorney assistance.
Tips to Improve Your Chances of Winning
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Act immediately—don’t miss the 10-day window.
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Don’t rely on DMV employees to give legal advice.
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Consider hiring a qualified DUI attorney who understands DMV procedures.
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Prepare your evidence thoroughly and know what the DMV is trying to prove.
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Identify any technical errors or procedural mistakes made during the arrest.
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Ask for a continuance if you need more time to prepare.
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Be respectful and professional during the hearing process.
Final Thought
You have the right to fight back after a DUI arrest. With quick action and experienced legal representation, it’s possible to win your DMV hearing and protect your driving privileges. Don’t navigate this complex process alone. Southwest Legal is ready to stand by your side and give you the strong defense you deserve. Take Action Now — Protect Your License with Southwest Legal. If you’ve been arrested for DUI in California, time is not on your side. You only have 10 days to stop an automatic license suspension. The earlier you act, the better your chances. Contact us today for a free, confidential consultation.
Our experienced DUI defense team will:
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Request your DMV hearing immediately
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Review your case for legal and procedural flaws
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Fight to preserve your right to drive
Don’t wait until it’s too late. Your license, freedom, and future are worth protecting. Let Southwest Legal help you fight back.
