Do You Need to Request a DMV Hearing After a DUI Arrest in California?

By:

THE MEEHAN LAW FIRM

July 13, 2026

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If you are arrested for DUI in California, requesting a hearing with the California Department of Motor Vehicles (DMV) is an important step in protecting your driving privileges. Failing to request a DMV hearing within the required time may result in an automatic driver's license suspension, regardless of what happens in your criminal case.

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Why a DMV Hearing Is Important

After a DUI arrest, you should either request a DMV hearing yourself or hire an attorney to request it on your behalf.

If a hearing is not requested, your driver's license will generally be automatically suspended 30 days after your arrest.

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The 10-Day Deadline

There is a limited amount of time to request a DMV hearing.

You have 10 days from the date of your DUI arrest to request the hearing. Missing this deadline may result in the loss of the opportunity to challenge the administrative suspension through the DMV hearing process.

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DMV Proceedings Are Separate From Court

The DMV administrative process is separate from the criminal court case.

A person's driver's license may still be suspended through the DMV process even if criminal charges are not ultimately filed in court or the criminal case proceeds differently.

Because the DMV hearing is an independent administrative proceeding, it is important to address both the DMV matter and the criminal case following a DUI arrest.

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Temporary Driving Privileges

If a DMV hearing is requested within the required 10-day period, the DMV generally issues a temporary driver's license.

This temporary license allows the individual to continue driving under the same privileges they had before the arrest until the DMV hearing is held and a decision is issued.

The hearing and decision may occur approximately 60, 90, or 120 days after the request, depending on the circumstances.

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Protecting Your Driving Privileges

Because a missed deadline may result in the automatic suspension of your driver's license, obtaining legal advice as soon as possible after a DUI arrest may help you understand the administrative process and your legal options.

Every DUI case is unique, and both DMV proceedings and criminal court proceedings depend on the facts of the case and applicable California law.