California record
California DUI license hearing deadline
- What the state calls it
- DUI at 0.08 BAC or above for most adult drivers
- Administrative action
- Administrative Per Se (APS) suspension or revocation, an immediate DMV action against your driving privilege that runs separately from the criminal case
- Deadline to contest
- 10 calendar days
- What starts the clock
- Vehicle Code § 13558(b) requires the request "within 10 days of the receipt of the notice of the order of suspension or revocation." It runs from receipt of the notice, not the arrest. DMV publication FFDL 26 adds that where the notice was mailed you have 14 days from the date on the notice.
- Agency
- California DMV, Driver Safety Office. The hearing is run by a DMV hearing officer, not a judge.
- How to request
- DMV says to request a hearing within 10 days of receipt by contacting a local Driver Safety Office. § 13558(d) also contemplates a written request postmarked or received by the department. There are ten Driver Safety offices, all reachable on (833) 543-7703, and DMV holds the hearing by telephone unless you ask for it in person.
- If the deadline passes
- The right to a hearing is lost. DMV publication FFDL 26 states that failure to request within the window results in a forfeiture of your hearing rights, and the suspension takes effect as the order says.
- Temporary permit
- Commonly 30 days
- If the test was refused
- The 10 day deadline is the same for a refusal and a failed test, because § 13558(a) covers both. The consequences differ sharply: DMV describes a first failed test at 0.08 or above as a 4 month suspension, while a first refusal is a 1 year suspension, a second refusal within 10 years is a 2 year revocation, and a third is 3 years. For refusal cases § 13558(c)(1) also provides that the suspension is not stayed pending the hearing.
- Statute
- Cal. Veh. Code § 13558, Cal. Veh. Code § 13353.2, Cal. Veh. Code § 13353, Cal. Veh. Code § 13382, Cal. Veh. Code § 23152
What this means after an arrest in California
An arrest in California normally starts two separate processes. The criminal DUI case goes to court on its own timetable. Separately, California DMV, Driver Safety Office. The hearing is run by a DMV hearing officer, not a judge. can act against your license, and you have 10 calendar days to contest that.
The clock is described in the source as: Vehicle Code § 13558(b) requires the request "within 10 days of the receipt of the notice of the order of suspension or revocation." It runs from receipt of the notice, not the arrest. DMV publication FFDL 26 adds that where the notice was mailed you have 14 days from the date on the notice. That wording matters, because the date on your notice is what counts, not the date you got around to reading it.
What is different about California
One point that surprises people: in California asking for the hearing does not keep you on the road by itself. § 13558(e) says a request does not stay the suspension. What protects you in the meantime is the temporary licence endorsed on the notice, valid 30 days from the date of arrest under § 13382. Note also the interaction with the criminal case: DMV says an acquittal can reverse the suspension, but having the charge reduced to reckless driving does not.
What to do first
- Find the paperwork you were given at the roadside and check the date printed on it.
- Contact California DMV, Driver Safety Office. The hearing is run by a DMV hearing officer, not a judge. or a California defense attorney about the hearing request before the deadline above.
- Keep a copy of everything you send, with the date you sent it.
- Read what to do after a DUI arrest for the wider picture, including the criminal case.
Sources
- California Vehicle Code § 13558 — California Legislative Information (accessed 2026-08-20)
- California Vehicle Code § 13382 — California Legislative Information (accessed 2026-08-20)
- Driving Under the Influence (DUI) — California DMV (accessed 2026-08-20)
- Fast Facts 26: Driver Safety Administrative Hearing Process — California DMV (accessed 2026-08-20)
Change history
- 2026-08-20 — Record created from Cal. Veh. Code §§ 13558, 13382, 13353.2 and California DMV publications. (casey-meraz)