APS Hearing in California: How to Protect Your License After a DUI Arrest

If you've been arrested for DUI anywhere in California, the clock is already ticking. You have 10 days to request a DMV hearing to protect your driver's license.

This is called an APS hearing, which stands for Administrative Per Se. That hearing is critical. If you miss the deadline, the suspension will go into effect, and you will usually lose the right to challenge it at an APS hearing.

And here's the part that surprises most people: The DMV process is separate from the criminal DUI case. Even if the charges get reduced, even if the DA drops the case entirely, the DMV can still take your license.

Act quickly. Your 10-day deadline may already be running. Request your free case review now.

Key Takeaways

• An APS hearing is a DMV license suspension hearing. It is separate from your criminal DUI case
• You have 10 days from the date of your DUI arrest (when you receive the Notice of Suspension) to request an APS hearing
• If you miss the deadline, the suspension will go into effect, and you will usually lose the right to challenge 

APS Hearing California: What It Is and Why It Matters

An APS hearing (Administrative Per Se hearing) is a California DMV proceeding that determines whether your driver’s license will be suspended after a DUI arrest. It is separate from your criminal DUI case and focuses only on whether the DMV has grounds to suspend your license under California law.

Three Things to Do Immediately After a DUI Arrest

After a DUI arrest in California, there are a few steps you should take immediately:

1. Request the APS hearing within 10 days and ask that the suspension be stayed while the hearing is pending

2. Obtain police reports

3. Speak with a DUI defense lawyer

Taking these steps quickly can often preserve your driving privileges while your case moves forward.

Related: DUI penalties in Los Angeles County

What is an APS Hearing in California?

An APS hearing operates separately from the courts. So a win in the criminal case doesn't automatically protect your driving privileges.

The reason is simple. The DMV focuses on a few specific legal questions during an APS hearing. In most alcohol-related cases, the hearing officer must determine whether:

• The officer had reasonable cause to believe you were driving under the influence
• You were lawfully arrested
• Your blood alcohol concentration (BAC) was 0.08% or higher at the time of driving

If the DMV concludes that these elements are satisfied, it can suspend your license under California’s Administrative Per Se law.

Related: Penalties for a first DUI in Los Angeles

An APS Hearing is not Automatic

Your Administrative Per Se (APS) hearing will not be scheduled automatically. You must request one.

Most drivers don’t learn about APS hearings until it’s too late. Others assume their DUI court case will handle everything. In reality, the APS process is separate, fast-moving, and unforgiving if you miss the deadline. 

California’s Administrative Per Se law allows the DMV to suspend a driver’s license when evidence shows the driver had a BAC of 0.08% or higher or refused chemical testing after a lawful DUI arrest, even before a criminal case is resolved.

The APS system is based on implied consent laws, which require drivers to submit to chemical testing after a lawful DUI arrest.

Why Does the APS Hearing Matter?

For most people, losing their license means losing the ability to work, meet family obligations, or manage everyday life. That’s why the APS hearing is so important.

"Winning" this hearing (having it set aside) means your license won't be suspended (though it's important to understand that your license could still be suspended later as part of your criminal case).

"Losing" the hearing (or having it sustained) means that for a first-offense alcohol-related APS suspension (without a test refusal), the standard DMV suspension period is four months. However, many drivers (in first-offense, non-refusal cases) may have the option to continue driving by applying for an IID-restricted license, even during the APS suspension period.

If you lose the hearing, you may be required to:

• File SR-22 insurance
• Pay a license reissue fee
• Provide proof that an IID has been installed (if required)
• Provide proof of enrollment in a DUI program (if required for the restriction or reinstatement option you choose)

The ignition interlock device (IID) does not eliminate the suspension itself. Instead, it allows you to continue driving with restrictions during the suspension period if you meet the program requirements. However, you'll have to pay for the device and deal with the potential stigma of having one. 

The 10-Day APS Deadline in California

After a DUI arrest, the officer typically takes your driver’s license and issues a pink “Notice of Suspension."

That pink form:

• Acts as a temporary license for 30 days, and
• Starts the clock on the APS process
• Contains information on the hearing and how to request one

You have 10 days from the date of your DUI arrest (when you receive the Notice of Suspension) to request an APS hearing. In most cases, once the hearing is requested within the 10-day window, the DMV will place the suspension on hold until the hearing process is completed.

If you miss this deadline:

• Your license is suspended automatically
• No hearing is scheduled
• The suspension proceeds regardless of what happens in court

There are very few exceptions.

APS Timeline After a California DUI Arrest

1. Day 0: DUI arrest, and a pink Notice of Suspension is issued

2. Days 1–10: Deadline to request APS hearing

3. Day 30: Automatic suspension begins if no hearing is requested

4. Weeks later: APS hearing is held (often by phone)

5. Decision issued: Suspension imposed or set aside

Missing the 10-day request window is one of the most common (and costly) mistakes drivers make.

What to Expect at your APS Hearing

APS hearings are often conducted remotely (by phone or video), depending on the DMV office.

Here's one account from a person who won the hearing:

The call lasted about 10 minutes with just one person. She asked the defendant to swear he would tell the truth, then briefly went over each document and asked for his statement. After that, a witness was sworn in and gave their statement. After the DMV officer asked whether there was anything else to add, she told the defendant, ‘Your license is not suspended. In about 15 days, you’ll receive a letter in the mail with the results.' 

For context, the case involved a borderline BAC; there were no accidents or injuries, and the driver had a clean driving record.

Who Runs an APS Hearing in California?

APS hearings are conducted by DMV hearing officers (not judges) and follow administrative procedures rather than criminal court rules.

When Does an APS Hearing Apply?

An APS hearing is triggered if law enforcement alleges that you:

• Drove with a BAC of 0.08% or higher, or
• Refused a breath or blood test after a lawful DUI arrest

Related: What is implied consent?

The APS process applies to:

• First-time DUI arrests
• Repeat DUI arrests
• Alcohol-related DUIs
• Refusal cases

It can apply even if criminal charges are later reduced or dismissed.

What Does the DMV Decide at an APS Hearing?

The APS hearing has a limited but specific focus.

In BAC-Based APS Cases, the DMV Decides:

• Did the officer have reasonable cause to believe you were driving under the influence?
• Were you lawfully arrested?
• Was your BAC 0.08% or higher at the time of driving?

In Refusal APS Cases, the DMV Decides:

• Were you properly warned about the consequences of refusal?
• Did you actually refuse to complete testing, or did you fail to complete it?
• Was the DUI arrest lawful?

Errors in procedure, documentation, or testing can result in no suspension.

What the DMV Does Not Decide at an APS Hearing

An APS hearing does not determine:

• Guilt or innocence
• Jail time, fines, or probation
• Whether DUI charges will be dismissed
• Whether the stop was “fair” in a moral sense

The APS hearing is strictly about license eligibility under administrative law.

Common Defense Strategies in APS Hearings

APS hearings often turn on technical legal issues. One of our experienced DUI defense lawyers will typically review issues such as:

• Was your traffic stop legal?
• Did police have probable cause for your arrest? 
• Did police follow proper chemical testing procedures?
• Did the police reports contain errors or inconsistencies?

Because APS hearings rely heavily on paperwork and procedures, we can typically capitalize on small errors.

What Happens if You Lose the DMV Hearing?

The most important thing to understand is that if you lose, your license will be suspended. It won't be immediate. The suspension usually begins about a week or two after your hearing. You'll get a notification letter informing you of the suspension date and your options.

One driver described the problem this way:

My license will be suspended, but I still need to get to work and care for my responsibilities. 

The driver shared a vehicle with someone else, making it complicated to install an IID.

Let's examine what comes next.

In many first-offense, non-refusal cases, drivers may have two main options:

• Serve a short hard suspension and then apply for a work-restricted license, or
• Install an IID (if eligible) to continue driving with restrictions

Research from the California DMV reports shows that many APS hearings result in license suspensions because the DMV relies heavily on police reports and chemical test evidence.

Requirements for License Reinstatement

After your suspension is over, you will have to take some steps to get your driving privileges reinstated.

• SR-22 insurance: This is high-risk car insurance. You must file proof of financial responsibility with the DMV.
• DUI school: You must enroll in and complete DUI classes. The length of the program depends on the offense and may require a three-, six-, or nine-month program.
• Reinstatement fee: You’ll need to pay a DMV reissue fee (which varies depending on the type of suspension, but is often around $125 for APS-related actions)

Will My License Be Suspended Immediately If I Lose the APS Hearing?

No. Typically, you will get a notice within about two weeks. That may give you time to arrange an IID (if you are eligible for that option).

What Happens if I Win the DMV Hearing? 

Winning the DMV hearing does not mean you have won your criminal case. It simply means that your license suspension is "set aside," and you'll be allowed to drive until your criminal case is resolved.

If the APS action is set aside, the DMV will not impose the suspension, and you can restore your driving privileges according to DMV instructions. For the APS action, you will not be required to install an IID, attend DUI school, or pay reinstatement fees (though separate requirements could still arise from the criminal case). However, your license could still be suspended as part of your criminal case.

Key Outcomes of Winning a DMV Hearing

• License reinstatement: The DMV will not take action against your license.
• No mandatory actions: You are not required to file an SR-22 insurance form or complete DUI school.
• Documentation: The DMV will mail you a "Notice of Findings and Decision" documenting the "set aside".
• Physical license return: If the DMV took your physical license, it will typically be returned or you will be instructed on how to obtain a replacemen
• Leverage for defense: According to our California DUI attorneys, a win can often be used to negotiate a better plea deal (for example, we can use the information obtained during the hearing to potentially get your charge reduced to a "wet reckless".
• Officer testimony: The hearing also gives us the opportunity to question the arresting officer, which can help us craft your defense.

Why Should I Request the DMV Hearing?

Requesting an APS hearing can sometimes provide useful early information about the evidence in the case, which may help a defense attorney evaluate possible strategies.

1. It Can Delay the License Suspension

Once a hearing is requested, the DMV will typically place the suspension on hold until a decision is made, often allowing you to keep driving for weeks or months.

2. It Forces Early Evidence Disclosure

APS hearings allow your defense lawyer to request discovery and issue subpoenas for:

• Police reports
• Breath or blood test results
• Calibration and upkeep records for testing equipment
• Officer testimony

We can use the evidence obtained during the hearing later in your DUI court case.

How to Request the APS Hearing in California

• By Phone: You don't need to have a lawyer to request a hearing. You can call the DMV Driver Safety Office directly. In the Los Angeles area, call the Commerce office at 323-838-8900 or the El Segundo office at 310-615-3200.
• Online Request: You can request the hearing directly through the DMV's online portal,
• Or you will get a pink slip with your temporary license that contains the contact information.

However, this is a good time to consider hiring a lawyer to help you through the hearing process. 

APS hearings are separate from the criminal case, and public defenders typically do not represent clients in DMV proceedings. Because these hearings are technical and evidence-driven, many people choose to have an attorney represent them.

Public defenders typically do not handle APS hearings, and the APS hearings are technical and evidence-driven, and having an experienced attorney can help identify legal issues and present your case effectively.

What Happens If You Miss the APS Hearing Deadline?

If you don't request the hearing within 10 calendar days of your DUI arrest, the DMV will move forward with the suspension automatically. This means:

1. No hearing will be scheduled

2. The suspension begins after the temporary license expires

3. You lose the opportunity to challenge the suspension

In most cases, there is no way to reopen the APS hearing once the deadline passes.

Don't let this happen. Contact Michael & Associates as soon as possible, and we will ensure that your hearing is requested and will remind you of all important hearing dates.

How an APS Hearing Can Affect Your DUI Court Case

The APS hearing often becomes the first strategic step in a DUI defense.

• Officers are locked into sworn testimony early
• Inconsistencies are exposed before motions are filed
• Testing problems surface sooner
• Defense strategy develops faster

Although the APS hearing is administrative, its impact extends far beyond the DMV.

APS Hearing vs DUI Court: Key Differences

APS hearings use a preponderance-of-the-evidence standard, which is a lower burden of proof than the beyond-a-reasonable-doubt standard used in criminal DUI trials.

Because the two systems operate independently, both must be handled correctly.

The Bottom Line: How to Protect Your License After a DUI Arrest

Losing your driver’s license after a DUI arrest affects nearly every aspect of your daily life.

The APS hearing is often the first opportunity to challenge the arrest and protect your driving privileges.

Because the deadline to request the hearing is so short, it’s important to act quickly. An experienced DUI defense attorney can request the hearing, review the evidence, and represent you before the DMV.

FAQs

Is an APS hearing automatic in California?

No. APS hearings are not automatic. You must affirmatively request one from the DMV within the 10-day deadline. Many Los Angeles drivers lose their license simply because they assumed the hearing would be scheduled for them.

Will My License Be Suspended Immediately If I Lose the APS Hearing?

No. Typically, you will get a notice within about two weeks. That will give you time to have the IID installed if you choose to have it installed in place of a suspension. 

What is the burden of proof at an APS hearing?

The DMV uses a lower burden of proof than criminal court. The hearing officer only evaluates limited statutory issues, not guilt beyond a reasonable doubt.

What if the officer doesn’t show up to the APS hearing?

Unlike in many other states, APS hearings are not automatically won just because the officer does not appear. The DMV can rely on sworn reports and other evidence. However, in some cases (especially if the officer was subpoenaed) non-appearance can affect the outcome.

Does refusing a breath or blood test affect the APS hearing?

Yes. Refusal cases are treated more harshly by the DMV and often carry longer license suspensions. The APS hearing is especially important in refusal cases because procedural errors are common.

Do out-of-state drivers arrested in California still face APS hearings?

Yes. If you were arrested for DUI while holding an out-of-state license, California can still suspend your California driving privilege, and the APS outcome may be reported to your home state.

Do I need a lawyer for an APS hearing in California?

You are not required to have a lawyer, but APS hearings are technical, evidence-driven, and procedural. In California DUI cases, the APS hearing is often the first opportunity to challenge the stop, arrest, and testing under oath.

Don’t Lose Your License Without a Fight

The APS hearing is your first (and sometimes best) opportunity to challenge a DUI arrest. But it won’t happen unless you take action.

We regularly represent clients in DMV hearings and know how to:

• Challenge the legality of the stop and arrest
• Analyze breath and blood test procedures
• Identify errors in police reports and evidence

Because these hearings move quickly, timing matters. Let us help you request your APS hearing and protect your driving privileges.

Contact us today to set up a free case review.

Sources: Michael & Associates research, California Department of Motor Vehicles Driver Safety Case Management, Calffornia DMV, California Vehicle Code § 23152, CalMatters.