DMV Driver Safety · APS Hearings
Los Angeles DMV Hearing Attorney
10-Day Deadline After Arrest
Stay of suspension. Discovery from DMV. Cross-examine the officer.
Daniel S. RubinDMV & DUI Defense Attorney
01 — Quick Facts
California DMV APS Hearing — At a Glance
02 — How APS Works
The Two-Case Structure of a California DUI
When you are arrested for DUI in California, the officer confiscates your driver license and issues a pink temporary license (DS 367). That paper starts a 30-day clock — after which the DMV automatically suspends your driving privilege unless you request an Administrative Per Se hearing within 10 days.
The APS action is separate from the criminal DUI. You can win the criminal case and still lose your license. You can lose the criminal case and still win the DMV hearing. Both must be fought — and the APS hearing offers unique discovery and cross- examination opportunities that often benefit the criminal defense.
Rubin Law requests the hearing, obtains a stay of suspension, subpoenas the arresting officer and calibration records, and forces DMV to prove each element under VC §13557 (opens in new tab).
03 — Three Issues at Hearing
What DMV Must Prove
Lawful Arrest
The officer had reasonable cause to believe you were driving under the influence and lawfully arrested you.
Lawful Stop / Detention
The traffic stop, DUI checkpoint, or contact was constitutional under Fourth Amendment standards.
BAC 0.08% or Refusal
Chemical test showed 0.08%+ BAC (0.04% commercial, 0.01% under 21), or you willfully refused after proper admonishment.
04 — Hearing Process
How an APS Hearing Moves
- 01
Request Within 10 Days
We call the Driver Safety Office, request the hearing, and secure a stay of suspension so you can drive during the case.
- 02
Discovery Package
DMV mails the officer's DS 367, arrest report, calibration logs, breath machine maintenance records, and Title 17 compliance sheets.
- 03
Subpoenas
We subpoena the arresting officer, phlebotomist, and lab analyst — testimony that often clarifies the criminal case too.
- 04
Prehearing Motions
Motions to exclude non-Title 17 blood draws, suppress illegal stops, or dismiss for missing foundation.
- 05
The Hearing
Telephonic or in-person before a DMV hearing officer. Cross-examination, evidence, and argument.
- 06
Written Decision
DMV issues a set-aside (win) or upholds the suspension (loss) — usually within 30 days.
05 — Defense Strategies
How We Win APS Hearings
Rising BAC Defense
Alcohol absorbed after driving means your BAC at the wheel was below 0.08% — DMV cannot prove the per-se element.
Title 17 Violations
15-minute observation, mouth alcohol, machine calibration, blood-draw handling — every deviation weakens the reading.
Illegal Stop
Suppress the traffic stop and every downstream observation, FST, and chemical test evaporates with it.
Improper Admonishment
In refusal cases, DMV must prove exact statutory warnings. Missing language sinks the entire APS action.
Medical & Diet Defenses
GERD, keto, and diabetic ketoacidosis produce mouth alcohol and endogenous ethanol that skew breath results.
Officer No-Show
If the subpoenaed officer fails to appear, DMV often has no admissible foundation and the hearing must be set aside.
06 — Outcomes & Restricted License
Suspension Lengths and Your Options
A first-offense APS suspension is 4 months for a 0.08%+ chemical test result, or 1 year for a refusal under VC §13353 (opens in new tab). Second offenses within 10 years increase to 1 year (chemical) or 2 years (refusal).
Most drivers qualify for a restricted license after installing an Ignition Interlock Device (IID) under VC §23575.3 (opens in new tab) — allowing unlimited driving with the device installed for the balance of the suspension period. Refusal cases do not qualify for IID relief.
07 — FAQs
DMV Hearings Questions — Los Angeles
What is the 10-day rule?
You have 10 calendar days from the date of arrest (not booking, not release) to request an Administrative Per Se hearing with the DMV. Miss it and your license automatically suspends 30 days after arrest. We recommend calling counsel the day you are released — most DMV offices will backdate a request only if the paperwork proves timely filing.
Do I need to attend the hearing?
No. Rubin Law appears telephonically on your behalf. You only appear if you choose to testify — which we usually recommend against unless there is a specific narrative advantage.
What is the burden of proof at the DMV hearing?
The DMV must prove each of the three APS issues by a preponderance of the evidence — a lower standard than the criminal court's beyond-a-reasonable-doubt requirement. That's why officer cross-examination and technical Title 17 attacks matter more here than in criminal court.
Can I still drive during the case?
Yes. Requesting the hearing within 10 days stays the suspension. You continue driving on the pink DS 367 (or a formal stay-of-suspension letter) until the DMV issues its written decision.
What happens if I refused the chemical test?
Refusal triggers a mandatory 1-year hard suspension with no restricted or IID option under VC §13353. DMV must prove you were lawfully arrested, properly admonished with the exact statutory language, and willfully refused. Improper admonishment is one of the most common reasons refusal APS actions are set aside.
Does winning the DMV hearing dismiss the criminal case?
No — the two cases are separate. But the sworn testimony, discovery, and cross-examination secured at the DMV hearing frequently produce impeachment material that reshapes the criminal case.
How long does a DMV APS hearing take?
Most hearings run 45-90 minutes. Written decisions arrive within 30 days. Total case length — from arrest to decision — is typically 60-120 days.
What if I never received the pink temporary license?
Then the officer failed to complete DS 367 properly, which is often a jurisdictional defect. We raise the issue as a threshold defense to force DMV to prove notice was given as required by statute.