The DMV suspension is the part of a DUI most people never fight, because almost nobody knows the deadline exists. It is ten days from the day you were handed the Order of Suspension.
"APS" is Administrative Per Se. It is the DMV's own action against your driving privilege, entirely separate from the criminal case. A DMV hearing officer — not a judge — decides three narrow questions: whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether your BAC was 0.08% or higher (or, in a refusal case, whether you were properly admonished and refused).
Because it is separate, the outcomes are separate too. You can beat the DMV and still face the court case, or win in court and still be suspended. They do not cancel each other out.
Source: California DMV, Administrative Hearings Process (FFDL 26).
These are the DMV suspensions, which are not the same as the suspension a court imposes on conviction. Both can apply.
| Situation | First | Second in 10 years | Third or more |
|---|---|---|---|
| Test result 0.08% or higher | 4-month suspension | 1-year suspension | 1 year |
| Refusing the chemical test | 1-year suspension | 2-year revocation | 3-year revocation |
| Under 21 at 0.01% | 1-year suspension | — | |
| Commercial driver at 0.04% | 4 months | 1 year | |
If the suspension stands, a restricted license generally requires proof of enrollment in a DUI program, an SR-22 certificate from your insurer, the fees paid, and — depending on the offense — an ignition interlock device. There is a $125 reissue fee ($100 for an under-21 zero-tolerance suspension). See our license reinstatement page for the full path.
If all you need is the hearing requested before the clock runs out, our Self-Help tool prepares and files the request for $19.99. If you want an attorney to actually appear and fight it, that is $500 for DMV representation only — or ask us about full representation covering both the DMV and the court case.
Pick yours for the local court, DUI programs and jail alternatives.
This page is general information about California law, not legal advice, and reading it does not create an attorney–client relationship. Penalties and procedures vary by county, by judge and by the facts of your case. Talk to us about yours.
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Nathan earned his J.D. from Michigan State University College of Law and was admitted to the bar in 2010. He is licensed to practice in California and founded The 805 Legal Team in 2017 to serve his Central California community, building it around DUI defense — the DMV hearing and the court case both, because losing track of either one costs clients their license. California Bar #310324.
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