APS Hearing in California: The 10-Day Rule
After a DUI arrest, the pink slip in your pocket is both a 30-day temporary license and the only notice you will ever get — and you have 10 calendar days to demand a DMV hearing. Here is the deadline math, the three ways to request, what the hearing officer actually decides, and the set-aside odds in the DMV’s own numbers.
TL;DR
- What it is: the APS (Administrative Per Se) hearing is the DMV’s administrative review of your driving privilege after a DUI arrest — decided by a DMV hearing officer, not a judge, and completely separate from your criminal court case.
- The 10-day rule: you must request the hearing within 10 days of receiving the suspension order (usually the pink DS 367 served at arrest). Ten calendar days — weekends and holidays count. The day you receive it is excluded from the count.
- How to request: the DMV’s online Driver Safety portal, phone at (833) 543-7703, or mail to the El Segundo Driver Safety Office. Have your DL number, date of birth, arrest date, arresting agency, and chemical-test type ready.
- What gets decided: only 3 narrow issues — did the officer have reasonable cause, was the arrest lawful, and was your BAC at or over the legal limit (4 issues in refusal cases). The standard is preponderance of the evidence (more likely than not), not beyond a reasonable doubt.
- Can you keep driving while you wait? A timely request obliges the DMV to hold the hearing before the suspension takes effect, and the department must stay the effective date if it cannot decide in time. The request alone does not itself stay anything, and refusal-case stays are limited by statute.
- The odds: DMV’s own numbers show roughly 9–10% of APS actions set aside (sworn DMV testimony, 2024). The hearing also creates sworn discovery usable in the criminal case — that is half its value even when lost.
- Missed the 10 days? A late request can sometimes be considered (often involving a notice defect) but the suspension runs while you wait — there is no stay. Act the day you learn you missed it.
Last verified against dmv.ca.gov and leginfo.legislature.ca.gov: October 24, 2026
What Is the APS Hearing?
APS stands for Administrative Per Se — “administrative” because it is the DMV’s process, “per se” because the action follows automatically from a BAC at or over the legal limit (or a refusal), not from a judge’s verdict. When you are arrested for DUI in California, the officer’s pink form — the DS 367, titled “Administrative Per Se Suspension/Revocation Order and Temporary Driver License” — starts the DMV’s process the moment it is served on you. (The DS 367’s full title is “Age 21 and Older Officer’s Statement”; the under-21 version is the DS 367M. Those form numbers come from the CHP’s own procedures manual — the DMV’s public page never names them.)
This guide is general legal information, not legal advice. The 10-day deadline below is unforgiving, and individual cases turn on their own facts — if you are facing a DUI, talk to a California DUI defense attorney.
Three things the hearing is not:
- It is not the criminal case. The APS hearing decides only your driving privilege. The criminal case — jail, fines, a conviction on your record — runs on its own track, and the two can come out differently.
- It is not a court trial. The decision-maker is a DMV hearing officer — a Department employee with administrative training, not a judge — and formal Evidence Code rules do not apply the way they do in court.
- It is not optional-by-default. There is a review stage that happens automatically (see below), but the hearing itself happens only if you demand it in time — within 10 days.
The two stages of the DMV process. Stage 1 is automatic: the DMV reviews the officer’s sworn report and your chemical-test results “by a preponderance of evidence.” If the order is justified, it stands — and here is the part most drivers never learn: you are notified in writing only if the suspension is set aside. If the automatic review upholds the order, the DMV sends no further notice at all. Stage 2 — the APS hearing — happens only if you requested it within the 10-day window. That is why the pink slip is so consequential: per the CHP’s manual, “DMV does not provide a subsequent notice to the offender” and the pink copies of the DS 367 are the only notice the driver receives.
At the arrest, the officer confiscates your California license and issues you both pink copies — one is the suspension order, the other is your 30-day temporary driving privilege. The officer forwards the originals to the DMV within 5 business days (blood or urine results follow within 15 calendar days). From that moment, every deadline that matters to your driving privilege is measured — and the shortest one is 10 days.
The 10-Day Rule: Calendar Days, Not Business Days
The rule, in the DMV’s own words: “You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order.” The statute is Vehicle Code §13558(b): “the request for a hearing shall be made within 10 days of the receipt of the notice of the order of suspension or revocation.” Both sources were current on dmv.ca.gov and leginfo on October 24, 2026.
Note the wording: receipt, not “arrest.” In the standard roadside case the officer serves the pink DS 367 in your hand at arrest, so receipt date and arrest date are the same day and every phrasing converges. They diverge only in non-standard service — mailed orders, or blood-test-result cases where the DMV starts the APS action later. Lead your own planning with the statutory “receipt” wording.
Three deadline mechanics that trip people up:
- Ten calendar days, not business days. Weekends and holidays count. A common claim on competitor pages that the window is measured in business days is wrong.
- The receipt day is excluded. Under California’s general time-counting rule, you exclude the first day and count forward — so day 1 is the day after you received the order.
- If day 10 lands on a weekend or holiday, the general rule (Code of Civil Procedure §12a) extends the period to the next day that is not a holiday — holidays there include every Saturday and Sunday. Print the rule, then the caution every attorney source attaches to it: never plan around the extension. Request in the first 48 hours and the question never arises.
Worked example. Suppose the officer serves the pink DS 367 in hand at an arrest on Friday, October 30, 2026. Friday is excluded, so day 1 is Saturday October 31, and day 10 is Monday, November 9, 2026. Had day 10 landed on Saturday November 7 instead, the weekend-extension rule would push it to Monday November 9 — but as the firms put it, “waiting until the final day to work out how a deadline is computed is how people miss it.” This example is illustrative; confirm your own date math with an attorney.
| When | What happens | What it means for you |
|---|---|---|
| Day 0 — service | Officer serves the pink DS 367; your license is confiscated; 30-day temp and the 10-day clock both start | Save the pink copies — they are the only notice you will get |
| Days 1–10 | The hearing-request window is open | Request the hearing (online, phone, or mail) as early as possible |
| Day 10 | Request must be postmarked or received by the DMV (VC §13558(d)) | Late requests lose the before-effective-date hearing and the stay |
| Day 30 | The temporary driving privilege expires | Driving after this point, with no timely request, risks a VC §14601.5 charge |
| Day 31 | The suspension takes effect automatically if no hearing was requested | No hearing, no further review — the suspension simply runs |
| Hearing day | Hearings are typically scheduled 30–90 days out (attorney-reported current practice) | Written confirmation is sent; the decision comes later by mail |
| After decision | If the order is sustained, it becomes effective 5 days after written notice (VC §13558(f)) | You have 30 days to seek court review (writ of mandate) |
Late requests. The CHP’s manual notes the driver may request a DMV hearing within 30 days of issuance — but the 10-day line is about getting a hearing before the effective date and keeping the stay. A late request is not something the DMV is required to grant; attorney-reported practice says granted late requests generally involve a defect in how notice was given. If you missed the 10 days, act the same day you realize it — a late request plus a restricted-license path is worth more than silence.
How to Request Your Hearing: 3 Ways
The DMV accepts the request through its Driver Safety system — and contrary to what several ranked competitor pages still claim, an online request path now exists. The DMV’s Driver Safety Case Management portal says: “Many Driver Safety matters can be handled via our fast and easy online case management system. You can receive notices, schedule hearings, upload documents, and get answers to questions regarding your case or driving privilege.” A MyDMV account is required.
Have this ready when you request: your full name, driver-license number, date of birth, mailing address, arrest date, arresting agency, and the chemical-test type (breath or blood). Attorneys advise getting written confirmation of the request — a confirmation number, portal receipt, or fax confirmation — and of any stay.
| Method | How | Best when |
|---|---|---|
| Online portal | MyDMV account → Driver Safety Case Management → schedule hearing | You want a timestamped receipt and document uploads; the DMV presents this first |
| Phone | (833) 543-7703 — statewide Driver Safety line | You need the request logged today and want to confirm verbally; write down the confirmation number |
| Mail / email | El Segundo DSO address or email above; certified mail recommended | You want a paper trail of the postmark; always keep a copy of what you sent |
Where the hearing happens. The statute says the hearing is held at a place designated by the DMV “as close as practicable to the place where the arrest occurred” (VC §13558(b)), unless the parties agree elsewhere. Note that dmv.ca.gov currently lists only one Driver Safety Office — El Segundo — plus the portal, reflecting the DMV’s consolidation of its Driver Safety locations; older pages naming Oakland, Sacramento, San Francisco, San Jose, and other local offices are stale. Whether regional hearing venues persist beyond El Segundo could not be confirmed — this guide does not print legacy office addresses as current. Current practice is largely remote: hearings are conducted by videoconference (Microsoft Teams), telephone, or in person, depending on scheduling and the office handling your case (attorney-reported, consistent across sources).
Watch item (not yet law). The DMV has proposed Title 13 regulations for Driver Safety hearings (written comments due November 16, 2026) that would codify the three request methods — “in writing, by telephone, or electronically through the department’s online portal” — and declare the hearing officer “not an advocate for the Department but a neutral decision-maker.” Proposed, not adopted: this page will be updated if the rules take effect.
What the Hearing Decides: 3 Issues — 4 for Refusals
The DMV’s own page lists the issues in its “DMV Administrative Hearings vs. Criminal Court Trials” section. For a standard test case (BAC at or over the limit), there are three:
| # | The issue | What the DMV must find |
|---|---|---|
| 1 | Did the peace officer have reasonable cause to believe you were driving in violation of VC §23140, 23152, or 23153? | The stop or contact was justified — this is where the officer’s observations, driving pattern, and field-sobriety evidence are tested |
| 2 | Were you placed under lawful arrest (or detained while on DUI probation)? | The arrest itself was lawful — defects here can unwind the whole action |
| 3 | Were you driving when you had 0.08% or more by weight of alcohol in your blood? | The chemical-test result stands — calibration, observation period, and chain of custody are the usual attack lines |
For refusal cases, there are four issues: reasonable cause, lawful arrest, plus (3) were you told that refusing the test would suspend your privilege for one year or revoke it for two or three years, and (4) did you refuse to submit to, or fail to complete, the test after being asked. The DMV also recognizes that someone can be incapable of refusing (VC §23612).
The BAC threshold in issue 3 depends on who you are: 0.08% for adults, 0.05% for under-21 drivers (VC §23140), 0.01% for under-21 on a PAS or other test (VC §23136), 0.04% for commercial drivers, and 0.01% for drivers on DUI probation. And one clean exclusion from the CHP’s manual: if you were arrested solely for DUI of drugs and completed chemical testing, APS proceedings cannot be instituted — APS covers BAC levels or refusals, not drug-only arrests. If the later blood result comes back below 0.08%, the suspension action is set aside.
The standard of proof is preponderance of the evidence — “more likely than not” — a much lower bar than the criminal case’s beyond-a-reasonable-doubt. That asymmetry cuts both ways: it is easier for the DMV to sustain the suspension, and the hearing’s sworn record is the one a defense attorney mines for the criminal case.
The two tracks stay separate — in both directions. Under VC §13558(g), a DMV determination has no collateral-estoppel effect on the criminal prosecution. An acquittal in court causes the DMV to reverse the suspension only if the Department determines the court decision equals an acquittal; a plea-down from DUI to reckless driving does not affect the APS suspension (dmv.ca.gov). And if the DUI charges are never filed for lack of evidence, or are dismissed for insufficient evidence, the driver gets a renewed right to request an administrative hearing (VC §13353.2(e)) — the path for the driver whose case was dismissed but whose license is still suspended.
Case dismissed? The full dismissed-case fork — acquittal vs insufficiency dismissal vs other dismissals, the renewed-hearing steps, and the reinstatement checklist — is covered in DUI dismissed: how to reinstate your license in California.
The Hearing Itself: Format, Evidence, and Your Rights
Who decides. A DMV Driver Safety hearing officer — a Department employee with administrative training, not a judge. Defense attorneys flag the dual role: the same officer introduces the agency’s evidence, examines witnesses, decides objections, weighs credibility, and issues the final decision. (The DMV’s proposed Title 13 rule would codify the officer as a “neutral decision-maker” — proposed, not yet adopted.) The hearing is recorded.
What the DMV’s case looks like. The core evidence is the arresting officer’s sworn statement (the DS 367) plus the chemical-test results. Formal Evidence Code rules do not apply in this administrative proceeding — the officer’s statement comes in as the foundation of the DMV’s case. The DMV’s evidence packet may also include the arrest report, the officer’s notes, and breath-device calibration and maintenance records. Because the officer is not routinely subpoenaed by the DMV (CHP manual), the sworn statement often stands in for live testimony unless the driver changes that.
Your rights at the hearing.
- You may have an attorney — and the driver does not have to attend personally; an attorney can appear on the driver’s behalf. Attorneys advise this partly because the driver cannot then be compelled to testify against their own interest.
- No public defender. Because this is not a criminal proceeding, no public defender is provided — representation is hired, not appointed.
- Discovery. Before the hearing you can review the DMV’s records — the arrest report, the officer’s notes, breath-device calibration and maintenance logs, the chain of custody on blood samples. Request it early.
- Subpoena the officer. You or your attorney may subpoena the arresting officer to appear and be questioned. The CHP’s manual confirms the violator may do so; for CHP officers the DS 501 form is used with a $150 witness fee deposited per officer appearance (CHP-specific — local police department fees vary). If a properly subpoenaed officer does not appear, that can support setting the suspension aside.
- What is fair game in questioning: whether the field-sobriety tests were relevant to reasonable cause; the officer’s training and experience; their perception (vision, distance, fatigue); their memory and the timeframe for completing the report; witness credibility and bias — all listed as relevant lines of questioning in the CHP’s own manual.
- Expert material. Drivers may submit expert declarations, for example challenging breath-test accuracy — the observation period, mouth-alcohol defenses, and device reliability are the usual themes.
Timing and the decision. Hearings are typically scheduled 30–90 days out (attorney-reported current practice), and written confirmation is sent to the driver. The DMV gives written notice of its determination by mail. If the order is sustained, the suspension becomes effective 5 days after notice is given (VC §13558(f)), and the notice must explain the right to court review: a writ of mandate in superior court within 30 days (CHP manual). Note the contrast that confuses readers elsewhere: the hearing request is 10 days; the court writ is 30 days. The “34 days” figure you will find on one attorney site is the writ deadline plus mail-service days — it is not the hearing deadline.
Can You Keep Driving? The Stay Rule
This is the most-asked practical question in the cluster, and the one competitors get most wrong. The honest answer has two halves.
Half 1: the temporary license. The pink DS 367 is valid for 30 days from issuance — but only if your driving privilege was otherwise valid at the arrest. If your license was already expired, suspended, revoked, canceled, or denied, the temp endorsement is invalid (CHP manual). Driving after day 30, with no timely hearing request, exposes you to a VC §14601.5 charge.
Half 2: the stay. The statute says two things that sound contradictory until you see the mechanics. First, “a request for an administrative hearing does not stay the suspension or revocation” (VC §13558(e)) — the request alone does nothing to the calendar. Second, the DMV “shall hold the administrative hearing before the effective date” when the request is postmarked or received within the 10 days (VC §13558(d)) — and if the department cannot hold the hearing and decide in time, it “shall stay the effective date” of the order pending the determination, extending the temporary permit. The CHP’s manual states the combined rule plainly: a request will not stay the suspension unless the driver requests a hearing within ten days of service and the DMV cannot provide the hearing before the effective date.
The refusal-case nuance. For refusal actions (VC §§13353/13353.1), the statute is explicit: “the effective date of the order of suspension or revocation shall not be stayed” pending review at the hearing (VC §13558(c)(1)). Blanket “a timely request keeps you driving” claims overpromise for refusal cases. The practical outcome of the (c)(1)-vs-(e) tension for your case is something to confirm with an attorney — this guide flags the fork rather than resolving it.
What are the odds of winning? Only real numbers, all attributed. In sworn DMV testimony quoted in a 2024 California Court of Appeal opinion (Doe et al v. Cal. DMV), a DMV witness said APS suspensions were administratively vacated in approximately 10 percent of APS actions in recent years. The DMV’s published 2014–2015 hearing statistics showed driver win rates of roughly 6–9% depending on case type. An older DMV research study showed BAC hearings upheld 72–88% of the time — a set-aside band of about 12–28% in those years. The honest synthesis: drivers prevail in roughly 9–10% of APS actions. No attorney can guarantee an outcome, and marketing claims of 95% DMV win rates are just that — marketing, not data. What the numbers miss: the hearing’s second value, which attorneys agree is real — sworn discovery, locked-in officer testimony, and a preview of the prosecution’s case for the criminal trial.
If you win: the order is set aside and the DMV returns or reissues your license (this can also happen at the automatic-review stage). If you lose: the written decision explains the court-review right — writ of mandate, 30 days. Either way, remember the asymmetry: you can win the hearing and lose the criminal case, or lose the hearing and win the criminal case, because the issues and standards differ.
First 24 Hours After a DUI Arrest: The Checklist
The 10-day clock does not wait for the shock to wear off. In order:
What other sites get wrong about the APS hearing — the errors we verified while researching this page, so you can read the rest of the internet critically:
Missed the 10 days? A late request can sometimes still be considered — granted ones generally involve a notice defect — but the DMV is not required to grant it and the suspension runs while you wait: there is no stay. Act the day you realize it, and look immediately at the restricted-license path: a first-offense IID-restricted license is available under VC §13353.6 with no 30-day wait (program enrollment + SR-22 + IID install + $125 reissue). Case dismissed but license still suspended? The tracks are independent: a dismissal does not automatically lift the APS suspension. Check your driving-record status and the reinstatement requirements; if the charges were never filed or were dismissed for insufficient evidence, you may have a renewed right to request the hearing (VC §13353.2(e)) — confirm that with an attorney.
When the hearing is behind you, the rest of the process is covered in the cluster’s other guides: the full California DUI laws hub for penalties and the court track, SR-22 filings for the 3-year insurance requirement, and repeat-DUI penalties if priors are in play.
Frequently Asked Questions
How many days do I have to request a DMV hearing after a DUI arrest?
You have 10 days from receipt of the suspension order — usually the arrest date, when the pink DS 367 is served in your hand. The days are calendar days (weekends count), the receipt day is excluded, and the request must be postmarked or received by the DMV within the 10 days (VC §13558(b) and (d)).
Do weekends and holidays count in the 10 days?
Yes — the 10 days are calendar days. If day 10 lands on a Saturday, Sunday, or holiday, California’s general rule (CCP §12a) extends the period to the next business day — but every attorney source advises acting early and never planning around the extension. Request the hearing in the first 48 hours.
How do I actually request the hearing — phone, online, or mail?
All three: the DMV’s online Driver Safety Case Management portal (MyDMV account; dmv.ca.gov’s preferred route), phone at (833) 543-7703, or mail/email to the El Segundo Driver Safety Office (390 N. Pacific Coast Highway, Suite 2075, 90245-4470). Have your DL number, date of birth, arrest date, arresting agency, and chemical-test type ready, and get written confirmation of the request.
Can I still request a hearing after the 10 days have passed?
You can ask, but the DMV is not required to grant a late request — granted ones generally involve a defect in how notice was given. The CHP’s manual notes a 30-day request window exists, but without the before-effective-date hearing or the stay: the suspension runs while you wait. If you missed the deadline, act the same day you realize it.
Can I keep driving while I wait for the hearing?
If you requested the hearing within the 10 days, the DMV must hold it before the suspension’s effective date and must stay that date if it cannot decide in time — the temporary permit is extended. But the request alone does not itself stay anything, and for refusal cases the statute says the effective date “shall not be stayed” (VC §13558(c)(1)) — confirm refusal-case timing with an attorney.
Is the DMV hearing the same as my criminal court case?
No. The APS hearing is an administrative proceeding about your driving privilege only, decided under a preponderance of the evidence standard. The criminal case decides guilt, jail, and fines under beyond-a-reasonable-doubt. You can win one and lose the other — and a DMV determination has no collateral-estoppel effect on the prosecution (VC §13558(g)).
What does the hearing officer actually decide?
Only the narrow statutory issues: (1) did the officer have reasonable cause, (2) was the arrest lawful, and (3) was your BAC at or over the legal limit — four issues in refusal cases, adding whether you were properly told the consequences and whether you actually refused. Nothing else is on the table; a restricted-license request cannot even be considered at the hearing.
Do I need a lawyer for the DMV hearing?
Not required — but no public defender is provided, since this is not a criminal proceeding. An attorney can appear for you (you do not have to attend personally), request discovery, subpoena the officer, and cross-examine. The hearing also locks in sworn officer testimony usable in the criminal case, which is half the hearing’s value even when lost.
Will the arresting officer be at the hearing? Can I question them?
The DMV does not routinely subpoena the officer. You or your attorney may subpoena them — for CHP officers, the DS 501 form with a $150 witness fee (CHP-specific; local-department fees vary). If a properly subpoenaed officer does not appear, that can support setting the suspension aside.
What are my chances of winning the hearing?
Per sworn DMV testimony quoted in a 2024 Court of Appeal opinion (Doe et al v. Cal. DMV), APS suspensions were administratively vacated in approximately 10 percent of APS actions; the DMV’s published 2014–2015 hearing statistics showed driver win rates of roughly 6–9%. No outcome can be guaranteed, and 95%-style marketing claims are not data.
What happens if I lose? Can I appeal?
The DMV sends a written decision by mail. If the order is sustained, the suspension becomes effective 5 days after notice is given (VC §13558(f)), and the notice explains your right to court review: a writ of mandate in superior court within 30 days. Note the contrast: the hearing request is 10 days; the court writ is 30 days.
My DUI case was dismissed — why is my license still suspended?
The tracks are independent: a dismissal does not automatically lift the APS suspension. Only an acquittal the DMV determines equals an acquittal reverses it. If the charges were never filed or were dismissed for insufficient evidence, you may have a renewed right to request the administrative hearing (VC §13353.2(e)) — otherwise the normal reinstatement course applies (end of term + $125 reissue + SR-22). Check your driving-record status and confirm the path with an attorney.
Related Guides
The 10-Day Clock Is Running
If you were arrested recently, request the hearing now — online through the DMV’s Driver Safety portal, by phone at (833) 543-7703, or by mail to the El Segundo Driver Safety Office. This guide is general legal information, not legal advice; for your own case, consult a California DUI defense attorney. All deadline figures above come from Vehicle Code §13558 and dmv.ca.gov as read on October 24, 2026.
Driver Safety portal on dmv.ca.gov →Last verified against dmv.ca.gov and leginfo.legislature.ca.gov: October 24, 2026. Statutes and DMV practice change — confirm current rules on dmv.ca.gov or with a lawyer before acting.