A San Diego Attorney Helping You Deal With The DMV When Arrested For A DUI
Last updated on September 8, 2026
When officers arrest someone in San Diego for driving under the influence (DUI), law enforcement gives the arrestee a pink notice of suspension and a temporary driver’s license upon release from custody. The notice instructs you to contact the DMV Driver’s Safety Office within 10 days of your arrest to request an Administrative Per Se (APS) hearing.
Managing a DMV license suspension is separate from any San Diego court case involving criminal drunk driving charges. The DMV DUI hearing is an administrative proceeding that addresses only the suspension or revocation of your driving privilege, not your guilt or innocence regarding a criminal offense.
Why Request A DMV Hearing?
Requesting a DMV hearing extends the 30-day temporary driver’s license that officers issued at your arrest. You may retain your driving privilege until the DMV reaches a final decision. Drivers whom officers arrest and charge with drunk driving often benefit from exercising their right to a DMV hearing, especially when a San Diego DUI defense attorney represents them. A public defender will not assist you during this phase because the administrative hearing does not directly relate to your criminal case.
Both state and federal constitutions provide that government entities shall not deprive any person of property without due process of law. You have a right to defend your license. Under these due process protections, you must be formally notified of any pending DMV actions targeting your driving privilege, ensuring you are granted a fair chance to argue your case.
Understanding Suspensions And Chemical Testing
All drivers in California consent to take a breath or blood test when driving a motor vehicle. If an officer believes you are under the influence of alcohol or drugs, the officer may require you to submit to a blood or urine test. The breath test does not detect the presence of drugs. If you refuse chemical testing, the DMV may suspend your driver’s license.
California statutes establish specific rules for administrative DMV license suspensions, but standard guidelines apply. Consider these suspension timelines based on your offense:
- First offense: The DMV suspends a first offender’s license for four months for a blood alcohol content (BAC) of .08% or higher.
- Refusal of chemical testing: If the driver refuses chemical testing, the DMV imposes a one-year suspension.
- Second offense: The DMV suspends a second offender’s license for one year for a BAC over .08%, or two years if the driver refuses testing.
- Underage drivers: California’s “zero tolerance” laws require a one-year suspension for blood alcohol levels over .01%.
- Underage screening requirements: Drivers under 21 must submit to a preliminary alcohol screening (PAS) or another chemical test if a police officer reasonably suspects they were drinking.
- Underage BAC over 05%: If a breath or blood test detects a BAC of .05% or higher for an underage driver, the officer will arrest you for DUI and detain you until releasing you to your parents or juvenile authorities.
These varying suspension periods underscore why you must act quickly to protect your driving privilege.
What Does A DMV/APS Hearing Cover?
The hearing officer conducts the hearing over the phone or in person. At the hearing, you may review and challenge the evidence that the DMV presents, and you may submit evidence, witnesses and testimony to persuade the DMV to modify or rescind its action against you. Hiring a private lawyer helps protect your interests, uphold your rights and build a strong defense to protect your license.
The hearing officer addresses specific issues and questions to determine the outcome of your case, including:
- Did the police officer have reasonable cause to believe you were driving under the influence?
- Did the officer make a lawful arrest?
- Were you driving with a BAC of .08% or higher?
- Did you refuse to submit to or fail to complete a blood, breath or urine test?
- Did the officer inform you of the consequences of refusing testing?
A strong defense strategy aims to address these questions effectively.
Government Code Section 11513 governs APS hearings and grants key rights during the process. Each party holds these rights:
- To summon and interrogate witnesses
- To present evidentiary exhibits
- To cross-examine adverse witnesses regarding any relevant matter
- To impeach any witness
- To rebut opposing evidence
Your attorney will exercise these rights to evaluate the government’s case before court proceedings begin.
What If The Court Acquits You Or You Want A Restricted License?
If the criminal court finds you not guilty of the DUI charge, the DMV will reverse a suspension or revocation if it determines that the court’s decision constitutes an acquittal. If the court or prosecutor reduces the criminal charge, you may still face obstacles to reinstating your driver’s license because the court’s decision remains independent of the DMV’s decision. The DMV allows drivers to request a new hearing if the court dismisses their DUI charge within one year of arrest or if the district attorney declines to file charges because of insufficient evidence.
If the court convicts you of a DUI, you can likely obtain a restricted license if you hold a noncommercial driver’s license. Obtaining a restricted license requires proof of enrollment in a DUI treatment program, proof of financial responsibility and payment of a $125 reissue fee after the mandatory 30-day suspension.
If you were under 21 when the DMV suspended your license under the zero-tolerance law, you must pay a $100 reissue fee. A driver with a third or subsequent DUI offense must fulfill distinct requirements when applying for an Ignition Interlock Device (IID) restricted license.
Our Team Will Be Your Advocate
Consider retaining an attorney who will use the APS hearing to build your strongest defense. Call The Law Offices of Mark Deniz APLC at 858-429-9982 or send an email for a free initial case evaluation today.