A DUI arrest can trigger two separate proceedings at once: a criminal case and a DMV action against your driving privilege. The criminal court doesn’t control the DMV action, and the DMV hearing doesn’t determine whether you’re criminally guilty. Each runs on its own timeline, with its own deadlines and its own consequences.
The Order of Suspension and Temporary License issued after an arrest is more than a temporary permit to drive. It identifies a deadline to request a hearing, generally within 10 days of receiving the order. Miss that window, and the opportunity to challenge the suspension is gone. From our Salinas office, we help drivers understand that deadline and the separate process it starts. The Worthington Law Centre brings more than 50 years of criminal defense experience to these matters, including two attorneys certified in criminal law by the California State Bar.
What a DMV Hearing Actually Decides
An Administrative Per Se (APS) hearing is an administrative proceeding about whether DMV can suspend or revoke your driving privilege. It isn’t a criminal trial, and it doesn’t address guilt or innocence.
For an alcohol-related arrest, DMV examines whether the arresting officer had reasonable cause to believe the driver was operating a vehicle while under the influence, whether the arrest was lawful, and whether the chemical test result met the applicable threshold. In a refusal case, DMV instead considers whether the driver refused or failed to complete a required chemical test after a lawful arrest.
California Vehicle Code section 23152 defines several forms of driving under the influence offenses. A criminal court addresses whether that law was violated; DMV addresses the administrative consequences for the driver license. Evidence from one proceeding can matter in the other, but a decision in one doesn’t automatically resolve the other.
The 10-Day Deadline & What to Do First
The hearing request deadline runs from the date you received the Order of Suspension and Temporary License, not from the date of arrest. Read the notice carefully, note the exact deadline, and keep a copy along with every arrest and test document. The temporary license generally allows driving for a limited period, commonly 30 days, while the DMV action is pending. Request the hearing, then get confirmation that DMV received it and keep that confirmation.
A routine visit to the Salinas DMV field office at 260 E Laurel Drive isn’t the same as requesting or attending an APS hearing. The field office handles standard DMV transactions; DUI administrative hearings run through the DMV Driver Safety process. Don’t assume a field office appointment protects your hearing deadline.
A hearing request is also separate from an application for a restricted driver license or an ignition interlock device license. Those options, when available, are distinct DMV processes and aren’t decided at the APS hearing. Eligibility depends on the facts of the case, prior history, test results, refusal allegations, age, probation status, and other legal requirements.
Preparing for the Hearing
Before the hearing, you can request discovery, which gives you access to the evidence DMV intends to rely on. The file typically includes the officer’s sworn report, the suspension order, chemical test records, and documents related to the stop, arrest, and testing. Reviewing those materials early matters because they identify the precise issues DMV plans to address.
Preparing Relevant Evidence
Drivers may present evidence that relates directly to the issues before DMV. Depending on the circumstances, that can include photographs, medical records, collision reports, test-related documentation, witness testimony, or sworn statements. The value of any item depends on what it shows about reasonable cause, the arrest, the chemical test, or an alleged refusal.
Our DUI attorneys can review the records for inconsistencies, missing information, and questions that need to be raised at the hearing, identifying not only favorable documents but also what the DMV records do and don’t establish.
Witnesses, Subpoenas, & Interpreters
DMV can consider relevant witness testimony, and a party may request subpoenas for witnesses or records when they’re relevant to the hearing issues. A subpoena is an official order requiring a person to appear or produce identified records. Requests have procedural requirements, so waiting until the hearing date limits your options.
Drivers who need an interpreter should notify DMV as early as possible so arrangements can be made through the Driver Safety process.
The Hearing Itself
The hearing officer receives evidence, considers objections, and determines whether DMV has established the facts required for the administrative action. Hearings may involve documents, witness questioning, and arguments about the reliability or relevance of the evidence. Our attorneys can appear on your behalf and address the administrative issues while the criminal case proceeds on its own track.
If You Can’t Attend or Need More Time
Contact DMV before the hearing if you can’t attend. A continuance may require a written request and depends on the reason for the conflict, the timing of the request, and the hearing officer’s decision. Don’t treat a scheduling conflict as permission to miss the hearing. If DMV doesn’t grant a continuance and you fail to appear, DMV may proceed without you.
Possible Decisions & What Comes Next
After considering the record, the hearing officer may sustain the DMV action, set it aside, terminate it, or modify it when governing law permits. DMV sends its decision in writing, identifying the action taken and the effective date of any suspension or revocation.
If DMV sustains the action, the next steps depend on the notice and the legal basis for the decision. DMV materials describe possible department review and court appeal procedures, each with its own deadlines and fees. Our attorneys can help evaluate the written decision and the options available under the facts of your case.
A suspension doesn’t answer every licensing question that follows. Restricted license options and reinstatement requirements involve separate steps: enrollment requirements, proof of financial responsibility, fees, or ignition interlock device conditions. Confirm those requirements with DMV based on your specific notice rather than assuming they match someone else’s situation.
Keep the DMV Matter on Its Own Timeline
Treat the DMV notice as its own urgent matter. Read the Order of Suspension and Temporary License, protect the hearing deadline shown on it, preserve every arrest and chemical test document, and keep the administrative case separate from the criminal court case.
For guidance on the DMV hearing process and how it may relate to your DUI defense, we offer free consultations for clients in Monterey and San Benito Counties. Reach our team at (831) 704-1852 to discuss your notice and the next steps.