A DUI arrest in Los Angeles starts two separate legal processes at the same moment. Most people focus entirely on the criminal case, which makes sense. But running alongside it is an administrative proceeding with its own timeline, its own rules, and its own consequences for your driving privilege. That proceeding has a 10-day deadline, and it starts counting from the night of your arrest.
At Stein & Markus, we bring over 75 years of combined criminal defense experience, including a former Los Angeles criminal prosecutor with 33 years in the system. That background means we understand how the administrative and criminal tracks interact. We also know why what happens at the DMV can shape what happens in court.
Two Cases Start the Night You’re Arrested
When an officer arrests you for DUI in California, two independent proceedings begin simultaneously. The criminal case proceeds under California Vehicle Code Section 23152 in court. The Administrative Per Se (APS) action, a license suspension initiated by the DMV rather than a judge or prosecutor, runs entirely separately under its own timeline and evidentiary rules.
These two proceedings don’t influence each other automatically. A dismissed criminal charge doesn’t cancel the DMV suspension. Losing the DMV hearing doesn’t produce a criminal conviction. They’re decided on different standards by different decision-makers, and a driver can win one while losing the other.
At the time of arrest, the officer confiscates your physical license and issues a DS-367 form, the Order of Suspension and Temporary License. That pink document serves as a temporary license for 30 days. It also starts the 10-day clock to request a hearing. Most people don’t realize the 30-day window printed on the form isn’t how long they have to act.
The 10-Day Deadline & What It Actually Means
The 10-day window begins from the date you receive the DS-367, and it includes weekends and holidays. Missing it forfeits your right to contest the suspension, regardless of what happens in the criminal case. Requesting the hearing in time also triggers a stay of suspension, keeping your driving privileges in effect beyond the 30-day pink slip while the hearing is pending.
For a Los Angeles area DUI arrest, the request must go to a DMV Driver Safety Office, not a general DMV field office. General field offices handle driver licenses and vehicle registration. They don’t schedule APS hearings. Calling the wrong office won’t result in a scheduled hearing, and the 10-day clock won’t stop.
There are three Driver Safety Offices that serve Los Angeles area arrests:
- El Segundo: 390 N. Pacific Coast Highway, Suite 2075
- Van Nuys: 6150 Van Nuys Blvd., Suite 205
- City of Commerce: 5801 E. Slauson Avenue, Suite 250
The correct office depends on where the arrest occurred. All three share the statewide Driver Safety contact number (833) 543-7703 and the online portal at dmv.ca.gov/driversafety.
What the DMV Hearing Actually Looks Like
The APS hearing isn’t a courtroom proceeding. It’s conducted by a DMV Driver Safety Hearing Officer, neither a judge nor an attorney. The format can be a phone call, a Microsoft Teams videoconference, or an in-person session at a Driver Safety Office. The hearing notice you receive will specify the format and access instructions.
The hearing is narrowly scoped to three questions: whether the officer had reasonable cause to believe you were driving in violation of California Vehicle Code Section 23152, whether the arrest was lawful, and whether your blood alcohol concentration (BAC) was 0.08% or higher, or whether you refused chemical testing.
The DMV treats the officer’s DS-367 sworn report as sufficient to sustain the suspension under a prima facie presumption, shifting the burden to you to rebut it. The standard of proof is preponderance of the evidence (more likely than not), not the beyond-a-reasonable-doubt standard used in criminal court. That lower bar is one reason drivers can lose the DMV hearing and still prevail at trial.
Defenses That Can Win a Suspension Hearing
The DS-367 sworn report is the DMV’s foundation. Attacking that document directly is often the most effective approach.
Paperwork Defects
A missing officer signature, incorrect dates, or incomplete BAC reporting can render the sworn report inadmissible under the business records exception to the hearsay rule. When the DS-367 falls out, the DMV has no foundation to sustain the suspension.
Lack of Probable Cause
If the officer lacked reasonable suspicion to initiate the stop, or probable cause to make the arrest, the suspension can be set aside on that basis alone. An improper chemical test admonition or failure to offer a blood test alternative in a refusal case are each independent grounds to challenge the suspension.
Breath Test Reliability
Physiological factors, including residual mouth alcohol, gastroesophageal reflux disease (GERD), and ketosis from low-carbohydrate diets, can skew breath test results upward. Challenging the foundation of a BAC reading often requires testimony from a toxicologist or medical professional.
How the DMV Hearing Connects to the Criminal Case
One of the least-discussed aspects of the APS process is its value as an early discovery tool. When an attorney subpoenas the arresting officer to testify at the DMV hearing, the officer gives sworn testimony on the record. If that account differs at trial from what was said at the DMV hearing, the prior testimony can be used to impeach credibility in front of a jury. Evidence weaknesses exposed at the hearing, whether a credibility gap, a procedural flaw, or a problem with the BAC foundation, can also move a prosecutor to reduce charges or reconsider the case before it reaches trial.
This is why the APS process and DUI defense strategy can’t be handled in isolation. Decisions made at the DMV hearing have consequences in court, and the reverse is true as well. Coordinating both tracks from the start produces the strongest position on both fronts.
If You Lose: Suspensions, Restricted Licenses, & Appeals
A first-offense APS suspension for a driver 21 or older who tested at 0.08% or higher is four months. A court conviction carries its own suspension under California Vehicle Code Section 13352, which may run concurrently depending on how the criminal case resolves.
After a suspension is imposed, a restricted license becomes available once you pay the reinstatement fee, enroll in a DUI education program, and file SR-22 insurance, a certificate of financial responsibility that your insurer files with the DMV. Installing an ignition interlock device (IID), a breath-test unit wired to the vehicle’s ignition that prevents the car from starting if alcohol is detected, lets you skip the hard suspension period and drive without restriction in the IID-equipped vehicle.
A DMV decision can also be challenged. A departmental review asks the DMV to reconsider its own decision. A writ of mandate is a petition filed in Superior Court asking a judge to overturn the hearing officer’s decision. Deadlines and instructions for both options appear on the written decision notice you receive after the hearing.
Act Before the Clock Runs Out
The 10-day deadline is the most consequential deadline many DUI clients face before they ever step into a courtroom. Missing it doesn’t just cost the hearing. It costs the stay of suspension, the early discovery opportunity, and any leverage the APS process could have created in the criminal case.
If you or someone you know was arrested for DUI in the Los Angeles area, Stein & Markus can help with both the DMV hearing and the criminal defense, starting with the deadline that’s already running. Call (562) 512-7030 to speak with our team.