California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Laws A to Z
California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Penalties
The impact of a DUI conviction can haunt a person for years to come. But a good attorney can often get penalties reduced…and sometimes even get the case dismissed
DMV & Licenses
A good DUI attorney may be able to get the license suspension reduced, or even avoided altogether
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A DMV refusal hearing is an administrative hearing conducted by the Department of Motor Vehicles after you get arrested for DUI and refuse to submit to a chemical test. The purpose of the hearing is for you to try to prevent the DMV from suspending your driver’s license. If you do not request a hearing within 10 days from the date of the arrest, the DMV will typically suspend your license for at least one year.
A few ways you can win a hearing, and thereby keep your driving privileges, are by showing that:
Note that California’s implied consent law, codified in California Vehicle Code 23612, requires you to take a breath or blood test to determine your blood alcohol concentration (BAC).
This law only applies to breath or blood tests after a lawful DUI arrest. This means that you can still refuse to take a preliminary alcohol screening (PAS) breath test before an arrest takes place.
After you are arrested for DUI, you cannot refuse the chemical testing of your blood or breath without consequences, under California’s “implied consent” law. One of these consequences is the suspension of your driving privileges by the California DMV.1
A DMV refusal hearing is an administrative per se hearing, conducted by the DMV, where you can challenge your license suspension for refusing the chemical test.2 The hearing is sometimes referred to as an “APS hearing,” or an “admin per se hearing.”
It bears repeating that, in order to try and avoid license suspension, you must personally request a DMV hearing within 10 days from the date of your arrest. If you fail to do so, you lose your right to a hearing and the DMV will automatically suspend your driving privileges.3
If you request a hearing, the suspension of your driver’s license is delayed pending the outcome of the hearing. Further, if you win your hearing, you may be able to retain your driving privileges.
Note that a chemical test refusal hearing is held in a DMV driver safety office (and not a criminal court) before a DMV hearing officer. The hearing officer is not a judge and often has no formal legal training.
You have certain legal rights that the DMV must honor. These include your right to:
You can prevail at a DMV hearing by presenting favorable evidence to the DMV hearing officer. This includes evidence that shows:
If you win your refusal hearing, the hearing officer sets aside the action, and you retain your driving privileges.
If you lose your DMV hearing, the DMV will suspend your driver’s license.5
For a first offense of driving under the influence of alcohol, the DMV will suspend your license for one year.6 After the first month of suspension, you may be able to have the suspension converted into a restricted license that allows you to drive to and from:
If you lose a hearing and have a prior DUI, the DMV can suspend your license for two years.7
Note that if you lose a hearing, you have the right to appeal the decision. Specifically, you can:
No. If you are arrested for DUI in California, you will face two separate legal proceedings. These are:
What is at stake in the California DUI court process are criminal penalties, such as:
By contrast, the DMV license suspension hearing deals only with your driving privileges. The DMV cannot send you to jail or fine you, but they can suspend or revoke your driver’s license.
Note that if you refuse a chemical test following a DUI arrest, you could face enhanced criminal penalties if you are ultimately convicted of DUI:
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.