DUI DMV Hearing in California: What to Expect & Your Options for a Restricted License

If you are arrested for DUI in California, your driver’s license can be suspended through a DMV Administrative Per Se (APS) action — even if your criminal case is still pending. You have only 10 days to request a DMV hearing. This process is separate from court and determines whether you can keep or restrict your driving privileges.

Serving Clients in San Bernardino, Riverside, Los Angeles, and Orange Counties

Being arrested for a DUI in California can lead to a license suspension, but you have options to fight the suspension or qualify for a restricted license. The DMV Administrative Per Se (APS) process is separate from your criminal case and requires immediate action.

At The Law Offices of Kirk Tarman & Associates, we have over 25 years of experience helping clients in San Bernardino, Riverside, Los Angeles, and Orange Counties navigate DMV hearings, challenge DUI suspensions, and apply for restricted licenses.

What Happens After a DUI Arrest?

After a DUI arrest in California, the officer takes specific steps that immediately affect your driver’s license, regardless of what happens in criminal court.

When arrested for DUI, the officer will:

Take your driver’s license and issue a temporary 30-day license (pink slip).
File a DS-367 (Officer’s Statement) form with the DMV, triggering an automatic license suspension.
Inform you that you have 10 days to request a DMV hearing to challenge the suspension.

If you do nothing, your license will be automatically suspended after 30 days.

What Happens at a DMV DUI Hearing in California?

A DMV DUI hearing is an administrative proceeding that determines whether your driver’s license will be suspended. It is separate from criminal court and focuses only on the legality of the stop, arrest, and blood alcohol level.

The DMV hearing is not a criminal trial—it is an administrative process that determines whether your license will be suspended. It focuses on three key questions:

Did the officer have reasonable cause to stop you?
Were you lawfully arrested?
Was your BAC 0.08% or higher (or 0.04% for commercial drivers)?

How to Request a DMV Hearing

You must act quickly after a DUI arrest, as the deadline to request a DMV hearing is extremely short.

You must request your hearing within 10 days of your arrest - Missing this deadline results in an automatic license suspension.
Call DMV Driver Safety Office to schedule the hearing - The request must be made promptly to preserve your driving privileges.
Hire a DUI attorney to request the hearing for you An experienced DUI attorney can immediately contact the DMV on your behalf, request the hearing within the 10-day deadline, obtain discovery (including police reports and breath/blood test records), and represent you at the hearing so you don’t have to deal directly with the DMV or risk missing critical steps.

🔗 Find Your Nearest DMV Driver Safety Office Here:

How to Win a DMV Hearing

DMV hearings are evidence-based, and the burden is on the driver to challenge the officer’s actions and test results.

Your DUI lawyer can challenge the suspension by arguing:

Lack of probable cause – The officer had no legal reason to stop you.
Faulty breathalyzer or blood test – The device was not calibrated properly Illegal arrest – If your constitutional rights were violated.

If you win the DMV hearing, your license will not be suspended. If you lose, you still have options!

What Are My Options for a Restricted License After a DUI?

If your license is suspended, you may still qualify for a restricted license, allowing you to drive under specific conditions.

Can I Get an IID Restricted License After a DUI?

Who Qualifies?
✔ First-time and repeat DUI offenders.

Requirements:
✔ Install an IID (Ignition Interlock Device) in your vehicle.
✔ Obtain SR-22 insurance.
✔ Enroll in a DMV-approved DUI program.
✔ Pay the reissue fee to the DMV.

Benefits:
✔ Allows unrestricted driving—you can drive anywhere.
✔ Available immediately after conviction (no waiting period).

Can I Get a Work or School Restricted License Without an IID?

Who Qualifies
✔ First-time DUI offenders.

Requirements:
✔ Complete a 30-day hard suspension (no driving at all).
✔ Obtain SR-22 insurance.
✔ Enroll in a DUI program.
✔ Pay the reissue fee to the DMV.

Restrictions:
✔ Only allows driving to and from work, school, and DUI classes.
✔ Not available for second-time DUI offenders.

We Recommend Breath Easy Insurance for SR-22 & IID Needs

Obtaining SR-22 insurance and installing an Ignition Interlock Device (IID) is required for most restricted license applicants. We recommend Breath Easy Insurance for their fast and reliable service in handling high-risk auto insurance and DUI-related IID requirements.

🔹 Why Choose Breath Easy Insurance?
✔ Specializes in SR-22 insurance policies for DUI offenders
✔ Works directly with California DMV to ensure compliance
✔ Quick approval process to get you back on the road faster
✔ Affordable rates and multiple payment options

🔗 Visit Breath Easy Insurance to Learn More:

Why You Need a DUI Attorney for Your DMV Hearing

DMV hearings operate under different rules than criminal court, and police officers are often represented by trained hearing officers — not judges.

Fighting a DMV license suspension and securing a restricted license can be complex. An experienced DUI lawyer can:

✔ Represent you at your DMV hearing.
✔ Challenge BAC test results and police procedures.
✔ Help you qualify for a restricted license.

At The Law Offices of Kirk Tarman & Associates, we have successfully defended DUI clients in San Bernardino, Riverside, Los Angeles, and Orange Counties for over 25 years.

📞 Call us today at (909) 658-7341 for a free consultation. 🔹 Your driving privileges and future are worth fighting for!