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Introduction
In California, a DUI arrest sets off two separate processes: one through the criminal court system, and one through the Department of Motor Vehicles (DMV). While the court deals with the legal charges, the DMV focuses on administrative actions related to your driver’s license. One of the most important steps in this administrative path is the DMV hearing.
Many people are surprised to learn that you can lose your license before you even step foot in a courtroom. The DMV hearing is not about guilt or innocence in a legal sense—it’s about whether your driving privileges should be suspended based on the circumstances of the arrest. This hearing operates independently from the court case, and it follows a very different set of rules and standards.
This post explains how DMV hearings work after a DUI arrest in California. It walks through the timeline, what to expect, how decisions are made, and how this process fits into the larger picture of DUI consequences. Whether this is your first DUI or not, understanding the DMV side of things is essential to managing what happens next.
What Triggers a DMV Hearing After a DUI?
The DMV hearing process in California begins automatically after most DUI arrests. This is triggered when:
- A driver fails a chemical test (breath or blood), or
- A driver refuses to take a test after being lawfully requested
In either case, the arresting officer typically issues a Notice of Suspension and forwards a copy of the arrest report to the DMV. This notice acts as a temporary license that is valid for 30 days, giving the driver a short window to respond.
At this point, the driver has 10 days from the date of the arrest to formally request a DMV hearing. If they do not request one, the license suspension will automatically go into effect at the end of the 30-day temporary period. The hearing request can be made by phone or in writing to the DMV Driver Safety Office.
The hearing is not automatic—it must be actively requested by the driver or their attorney. Once requested, the DMV puts a hold on the suspension until the hearing is held and a decision is made.
What Is the Purpose of a DMV Hearing?
Unlike a court trial, a DMV hearing is administrative in nature. The purpose is to determine whether the driver’s license should be suspended under California’s Admin Per Se laws. The DMV does not handle criminal penalties like fines or jail time—its only concern is whether the person should keep or lose their driving privileges.
The hearing officer will focus on specific questions, including:
- Was the arrest lawful?
- Did the officer have probable cause to believe the driver was under the influence?
- Was the driver’s BAC 0.08% or higher?
- Did the driver refuse a chemical test after being informed of the consequences?
The standards of evidence are lower than in criminal court. Hearsay is allowed, and the burden of proof is not as strict. Still, the hearing can have a major impact on a person’s ability to drive and should not be taken lightly.
What Happens During the Hearing?
DMV hearings in DUI cases are typically conducted by a hearing officer, not a judge. These hearings can be held in person, by phone, or virtually, depending on the driver’s preference and the policies of the DMV office.
During the hearing, the following may occur:
- The arrest report and chemical test results are reviewed
- The driver or their attorney can present evidence
- Witnesses (including the arresting officer) may be questioned
- The driver can testify or choose to remain silent
Drivers are allowed to be represented by an attorney, but the state does not provide one. The hearing officer serves as both the prosecutor and the decision-maker, which can feel very different from a court setting.
After the hearing, the officer typically takes the case under review and issues a decision within a few weeks. If the DMV rules in favor of the driver, the suspension is set aside. If not, the suspension goes into effect based on the rules tied to the type of violation.
What Are the Possible Outcomes?
The outcome of the DMV hearing will determine whether the driver’s license is suspended and for how long. The suspension periods generally follow this structure:
- First offense with BAC of 0.08% or higher: 4-month suspension
- First offense with refusal: 1-year suspension
- Second offense within 10 years: 1 to 2-year suspension, depending on circumstances
- Restricted license eligibility: Some drivers may apply for a restricted license to drive to work, school, or DUI classes
A favorable decision at the DMV hearing means the driver keeps their license—for now. However, the criminal court case is still pending and may later result in separate penalties, including another license suspension or revocation.
In some cases, the DMV hearing outcome can affect how the criminal case is approached, but the two processes remain legally separate.
How Does the DMV Hearing Connect to the Court Case?
The DMV and criminal court proceedings after a DUI arrest in California operate independently. This means:
- Winning the DMV hearing does not mean the DUI charge will be dropped in court
- Losing the DMV hearing does not mean the driver is guilty in the eyes of the law
Each process has its own timeline, legal standards, and consequences. However, they often run in parallel and can overlap in content—such as evidence and testimony. For example, the same chemical test results may be used in both proceedings.
In practical terms, drivers need to keep track of two separate calendars: one for DMV deadlines, and one for court dates. An attorney may coordinate both processes, but the DMV hearing must be requested within 10 days or it’s waived, regardless of what happens in the court case.
Can You Appeal a DMV Decision?
Yes. If the DMV hearing results in a license suspension, the driver has the option to appeal. There are two main paths for appeal:
- Administrative Review: This is a written request submitted to the DMV asking for a review of the decision. It must be filed within 15 days of receiving the suspension notice.
- Superior Court Appeal (Writ of Mandate): This is a formal legal appeal filed in civil court, challenging the DMV’s action on legal or procedural grounds.
Both options have specific procedures and deadlines. The success of an appeal depends on the facts of the case, how the hearing was conducted, and whether legal errors occurred. Appeals can take time, and the suspension may remain in place during the review unless the court orders otherwise.
FAQ Section
Q: What is a DMV hearing after a DUI in California?
A: It’s an administrative proceeding to decide if your license should be suspended based on your BAC level or refusal to test—not a criminal trial.
Q: Do I have to request the hearing?
A: Yes. You have only 10 days from the date of arrest to request a DMV hearing. If you don’t, your license will be automatically suspended.
Q: Can I have a lawyer at the DMV hearing?
A: Yes, you may hire your own attorney. However, the DMV does not provide one like the court system might in criminal cases.
Q: What if I win the DMV hearing?
A: Your license will not be suspended based on the administrative case. However, the criminal court case may still result in a suspension.
Q: Can I get a restricted license after a suspension?
A: In many cases, yes. You may be eligible for a restricted license to drive to work or DUI classes after meeting certain conditions.
Q: What happens if I miss the hearing?
A: If you don’t request or attend the hearing, your license suspension will begin automatically when the 30-day temporary license expires.
Q: Is the DMV hearing the same as going to court?
A: No. The DMV hearing is separate and only addresses your driving privileges. The court handles the criminal DUI charge.
Conclusion
Understanding how DMV hearings work after a DUI arrest in California is essential to navigating the full scope of the process. While the court handles legal charges and potential penalties, the DMV focuses strictly on whether your license should be suspended. Acting quickly—especially by requesting a hearing within 10 days—is key to protecting your ability to drive.
To better understand the full DUI process from start to finish, including how DMV hearings fit into the bigger picture, explore The DUI Process From Traffic Stop to Court. For a detailed overview of the entire timeline of events after a DUI, check out DUI Process And Timeline.