If you’ve been arrested for DUI anywhere along the Central Coast—whether near Grover Beach, on Highway 101 through San Luis Obispo, or after a stop on local roads—the process doesn’t end at the police station. In California, the Department of Motor Vehicles (DMV) begins its own separate action against your driver’s license almost immediately. This is known as the Administrative Per Se (APS) process, and it runs independently of any criminal charges filed in court.
Many drivers are surprised to learn that their license can be suspended even if the criminal case is later reduced, dismissed, or results in an acquittal. The key to protecting your ability to drive is acting quickly, usually within just 10 days of the arrest.
What Triggers a DMV Administrative Suspension?
Under California Vehicle Code section 13353.2, the DMV must suspend a person’s driving privilege if a chemical test shows a blood alcohol concentration (BAC) of 0.08% or higher for most adult drivers. Lower limits apply in certain situations: 0.04% for commercial drivers, 0.01% for drivers under 21, and 0.01% for drivers already on DUI probation.
If you refuse or fail to complete a chemical test after a lawful DUI arrest (under the state’s implied consent law, Vehicle Code section 23612), the DMV can impose an even longer suspension or revocation under section 13353.
At the time of arrest, the officer typically takes your physical California license, serves you with an Order of Suspension/Revocation, and issues a temporary license that is generally valid for 30 days. The actual suspension is scheduled to begin after that temporary period unless you take timely action.
The 10-Day Deadline to Request a Hearing
You generally have only 10 calendar days from the date you receive the suspension notice (usually at the time of arrest) to request an APS hearing with the DMV. Weekends and holidays count. If the notice was mailed rather than handed to you, a slightly longer window of 14 days may apply in some cases, but you should not rely on that without checking your specific paperwork.
Requesting the hearing within the deadline usually results in a “stay,” which pauses the suspension until the DMV hearing officer issues a decision. Miss the deadline, and the suspension typically takes effect automatically based on the officer’s report alone. You can request the hearing online through the DMV’s Driver Safety Portal, by phone, or in writing. The form (often the DS-367) includes instructions and contact information.
What the Hearing Actually Decides
A DMV APS hearing is not a criminal trial. There is no jury, and the hearing officer (not a judge) decides the outcome. The standard of proof is lower than in criminal court—“preponderance of the evidence,” meaning more likely than not.
The hearing is limited to specific issues. In a typical 0.08% case, these usually include:
- Whether the officer had reasonable cause to believe you were driving under the influence.
- Whether the arrest or detention was lawful.
- Whether the chemical test result was 0.08% or higher (or whether you refused after being properly advised).
You (or an attorney) can review the DMV’s evidence, cross-examine witnesses if they appear, and present your own evidence. Hearings are often conducted by telephone or video, though in-person options may be available. The DMV process is completely separate from the criminal case in San Luis Obispo County Superior Court.
How Long the Suspension Lasts
For a first-time administrative action based on a 0.08% or higher result (with no prior DUI-related convictions or APS actions within 10 years), the suspension is generally four months. A second or subsequent qualifying action within 10 years is usually one year. A first chemical-test refusal typically results in a one-year suspension, and restricted licenses are generally not available in refusal cases.
These administrative periods can run alongside any court-ordered suspension if you are later convicted, but the total time is often limited to the longer of the two. Restricted licenses or ignition interlock device (IID) options may be available in some non-refusal cases after a portion of the suspension is served, depending on your record and compliance with other requirements.
Practical Steps for Drivers in the Grover Beach and San Luis Obispo Area
- Review the temporary license and Order of Suspension carefully and note the exact date.
- Contact the DMV Driver Safety Office or use the online portal to request a hearing before the 10-day window closes.
- Keep copies of all paperwork and request discovery of the officer’s reports and test records.
- Avoid driving after the temporary license expires unless a stay has been confirmed.
- Consider speaking with a local attorney familiar with both the DMV process and San Luis Obispo County courts, as the two cases can affect each other.
Moving Forward
The Administrative Per Se process moves quickly and is designed to protect public safety on Central Coast roads. Understanding the 10-day deadline and the limited issues decided at the hearing gives you a clearer picture of your options.
If you or a family member has been arrested for DUI in Grover Beach, San Luis Obispo, or elsewhere on the Central Coast, the Law Office of Steven L. Crawford offers free consultations to discuss the facts of your case and the steps that may help protect your driving privileges. Contact the office at (805) 489-2335 or visit the office at 192 N 11th Street in Grover Beach to learn more about how local experience can assist with both the DMV hearing and any related court proceedings.
