After a DUI arrest in California, the clock starts ticking immediately. You have exactly 10 calendar days — including weekends and holidays — to contact the DMV and request an Administrative Per Se (APS) hearing. If you miss this deadline, your driver's license is automatically suspended with no further hearing rights.
What Is the 10-Day Rule?
Under California Vehicle Code Section 13558, when a driver is arrested for DUI and the officer confiscates their driver's license, the driver has exactly 10 calendar days from the date of arrest to request a DMV Administrative Per Se (APS) hearing. This is not business days — weekends and holidays count toward the 10-day limit. If the 10th day falls on a weekend or holiday, the deadline extends to the next business day, but you should never rely on this technicality. The safest approach is to request your hearing immediately.
Why Does the DMV Impose This Deadline?
The California DMV operates separately from the criminal court system. When you're arrested for DUI, the officer typically confiscates your physical driver's license and issues a temporary license (the pink "Admin Per Se Suspension/Revocation Order" form DS-367) valid for 30 days from the arrest date. The 10-day rule exists because the DMV processes administrative suspensions independently of whatever happens in criminal court. The DMV views the suspension as an administrative safety measure, not a criminal punishment. This is why you need to fight on two fronts simultaneously: the criminal court case and the DMV administrative hearing.
What Happens If You Miss the 10-Day Deadline?
Missing the 10-day deadline has severe consequences. Your license is automatically suspended 30 days after the arrest date. You lose your right to an administrative hearing entirely. There is no grace period, no extension, and no "good cause" exception that allows you to request a late hearing. The suspension takes effect regardless of whether you are ultimately convicted of DUI in criminal court. Even if your criminal case is dismissed or reduced, the DMV suspension remains on your record unless you successfully challenged it through the hearing process within the 10-day window.
How to Request Your DMV Hearing Within 10 Days
To preserve your right to a hearing, you must contact the DMV Driver Safety Office within 10 calendar days of your arrest. You can request a hearing by phone, in person, or through your attorney. When you call, you will need the information from your pink DS-367 form, including the arrest date, your driver's license number, and the name of the arresting agency. During the call, you will request a hearing, and the DMV will issue a "stay" on the suspension, meaning your driving privileges remain valid until the hearing is decided. At this point, your temporary license is typically extended beyond the initial 30 days.
What Happens at the APS Hearing?
The APS hearing is an administrative proceeding conducted by a DMV hearing officer — not a judge. The hearing examines three key issues: (1) Did the officer have reasonable cause to believe you were driving under the influence? (2) Was the arrest lawful? (3) Was your blood alcohol concentration (BAC) 0.08% or higher at the time of driving? If you were driving, the hearing focuses on whether the chemical test results are reliable and whether proper procedures were followed. An experienced DMV defense attorney can challenge the evidence, cross-examine the arresting officer, and present arguments to protect your license.
Can You Still Get a Restricted License?
If your license is suspended after the APS hearing, you may be eligible for a restricted license that allows you to drive to and from work, to DUI school, and for other essential purposes. Eligibility depends on factors including whether this is your first offense, whether you have a valid California driver's license, and whether you have enrolled in a licensed DUI program. However, a restricted license is never guaranteed — the strongest position is to win your APS hearing and avoid suspension entirely.
Why You Need an Attorney Immediately
The 10-day window is extremely tight. An experienced DMV defense attorney can request the hearing on your behalf, prepare a strategic defense, identify procedural errors made by law enforcement, challenge the chemical test evidence, and subpoena witnesses. At Law Office of Rodney Gould, we handle the entire DMV hearing process from the moment you call us. Our founder Rodney Gould is a former prosecutor with over 30 years of DMV defense experience. We know exactly what California DMV hearing officers look for and how to build winning cases.
Frequently Asked Questions
Do weekends count toward the 10-day DMV deadline?
Yes. The 10-day period includes weekends and holidays. If day 10 falls on a weekend or state holiday, the deadline extends to the next business day, but you should never rely on this — request your hearing as soon as possible after your arrest.
Can I request a DMV hearing after the 10-day deadline has passed?
Unfortunately, no. Once the 10-day window closes, you permanently lose your right to an administrative hearing. There is no late-filing exception or appeal process for missing the deadline. This is why immediate action is critical.
Does the 10-day rule apply to all DMV suspensions?
The 10-day rule specifically applies to DUI-related Administrative Per Se (APS) suspensions. Other types of DMV actions, such as Negligent Operator suspensions or Medical Review suspensions, have different notice and hearing request procedures. However, all DMV actions have deadlines, and you should act immediately upon receiving any DMV notice.
Will my insurance know about the DMV suspension?
Yes. A DMV license suspension is reported to your driving record, and insurance companies routinely check driving records. A suspension can result in significantly higher insurance premiums or policy cancellation. Winning your APS hearing prevents the suspension from appearing on your record.