Administrative Per Se (APS) DUI Hearing Lawyer
If you were recently arrested for driving under the influence in California, the DMV opened a second case against your license the moment the officer took it. That case is called the Administrative Per Se (APS) hearing, and it runs separately from your criminal court date.
You have only 10 days from your arrest to request an APS hearing and protect your right to drive. That tight deadline is why many people find this page just days after a frightening night.
At the Law Office of Rodney Gould, our administrative per se DUI hearing lawyer represents drivers across California at APS hearings, and we know how fast this window closes. We are here to listen, explain your options in plain language, and act quickly. Call us at 818-981-1760 for a free consultation.
What Is an Administrative Per Se (APS) Hearing?
An APS hearing is the DMV's process for deciding whether to suspend your driver's license after a DUI arrest. It is administrative, not criminal, so it looks only at your driving privilege. "Per se" means the suspension rests on the arrest itself, before any judge weighs in.
When the officer took your license, you likely received a pink slip called the Notice of Suspension and Temporary License (form DS-367). That slip is your temporary license for 30 days, after which the DMV suspends your driving privilege unless you act in time.
Why Does the APS Hearing Have a 10-Day Deadline?
You have 10 calendar days from your arrest to request an APS hearing, and missing that deadline can cost you your license automatically. Under California Vehicle Code Section 13558, the request must reach the DMV Driver Safety Office within those 10 days. Weekends and holidays still count, and the DMV does not send a reminder.
When we request your hearing on time, the DMV usually grants a "stay" that keeps your driving privilege active until a decision is made. If no one requests the hearing, the suspension takes effect 30 days after the arrest, and the chance to contest it is gone. It is the most time-sensitive step after a DUI arrest, and the first thing we handle.
How Does the APS Hearing Differ From Your Criminal Court Case?
The APS hearing and your criminal DUI case are two separate proceedings with two different decision-makers. Under California Vehicle Code Section 13353.2, the DMV can suspend your license based on the arrest alone, even before the court rules on the charge. So you could clear the criminal case in court yet still lose your license.
The criminal court decides guilt on the charge, while the DMV decides only whether your driving privilege is suspended. That split is why the difference between a DMV hearing and a court hearing matters so much for your strategy.
What Does the DMV Hearing Officer Decide?
At an APS hearing, the hearing officer reviews a short, specific list of issues, not your whole story. This officer is a DMV employee, not a judge, and often both presents the case and decides it, which is why preparation matters.
For a case based on a chemical test result, the DMV generally must show three things:
The officer had reasonable cause to believe you were driving under the influence.
You were lawfully arrested.
You were driving with a blood alcohol concentration of 0.08% or higher.
For a refusal case, the issues shift to whether you were lawfully arrested, whether the officer warned you about the consequences, and whether you actually refused. Each point can be challenged, which is where a careful review of the evidence matters.
What's at Stake if You Lose Your APS Hearing?
If the hearing officer upholds the suspension, the length depends on your record and the case. For a first DUI arrest based on a 0.08% result, the APS suspension is typically four months, with a possible restricted license after the first 30 days. A first-offense chemical test refusal usually brings a one-year suspension and no restricted option.
Commercial drivers face even higher stakes, because a lower 0.04% BAC threshold applies and the outcome of a CDL DMV hearing can end a livelihood behind the wheel. For most people, a license is tied to work, family, and independence, so protecting it is worth a firm, prompt response.
How We Help at Your APS Hearing
From the first call, we move to protect your license. We contact the correct DMV Driver Safety Office, request your APS hearing within the 10-day window, and ask for the stay that can keep you driving. Then we request the DMV's evidence, including police reports and chemical test records, so nothing catches us by surprise.
At the hearing, we can subpoena the arresting officer, question the reliability of breath or blood testing, and challenge whether the stop and arrest followed the law. Because the DMV leans heavily on paperwork, small errors can matter. Our approach to a California DMV hearing rests on close attention to those details, and the DMV's published hearing rules show just how technical the process is.
Why Choose the Law Office of Rodney Gould?
Experience is the reason drivers trust us with their license. Attorney Rodney Gould has practiced law since 1991 and has run his own firm since 2008, giving clients roughly three decades of courtroom judgment on their side. He has litigated cases in Superior Courts throughout California and argued appeals in several districts of the California Courts of Appeal.
Just as important, we treat every client the way we would want a family member treated:
Attentive support, so your questions get real answers.
Trusted experience, drawn from decades in California courtrooms.
Reliable counsel, focused on what actually protects your license.
We represent DUI drivers at APS hearings across California, from our home base in Sherman Oaks to Driver Safety Offices statewide. When the clock is running, that steady, seasoned guidance is exactly what you want. Call 818-981-1760 today for your free consultation.
FAQs about Administrative Per Se (APS) Hearings
Here are answers to questions we hear often from drivers preparing for an APS hearing in California.
Do I Have to Attend My APS Hearing in Person?
Not always. Many APS hearings take place by phone or at a DMV Driver Safety Office, and we can appear and speak on your behalf so you do not face the DMV alone.
Can I Keep Driving While My APS Hearing Is Pending?
Usually, yes. When we request your hearing within the 10-day window, the DMV typically grants a stay that keeps your license valid until a decision issues.
How Long Until the Hearing Officer Issues a Decision?
The DMV usually issues a written decision within a few weeks and notifies you in writing even if you do not attend. Until then, a granted stay generally lets you keep driving.
Can I Appeal if the DMV Rules Against Me?
Yes. If the hearing officer upholds the suspension, you may request a departmental review or file a petition in Superior Court, and we can talk through whether an appeal fits your situation.
Will I Need SR-22 Insurance to Get My License Back?
In most DUI-related suspensions, the DMV requires proof of financial responsibility, commonly an SR-22 form from your insurer, before reinstating your license. Requirements vary by case, so we help you understand what applies to yours.
Do I Really Need a Lawyer for an APS Hearing?
You may represent yourself, but the DMV process is technical and the hearing officer knows it well. Having experienced counsel means someone reviews the evidence, raises the right issues, and speaks the DMV's language for you.
Protect Your License. Call the Law Office of Rodney Gould Today.
The 10-day APS deadline does not wait, but you do not have to face it by yourself. At the Law Office of Rodney Gould, we act quickly to request your hearing, ask the DMV for a stay, and stand between you and the process. We will listen, explain where you stand, and get to work on protecting your license.
If you were arrested for DUI anywhere in California, reach out today while there is still time to act. Call us at 818-981-1760 or contact us online for a free, no-pressure consultation. We see you, we understand what is at stake, and we are ready to help.