What You Need to Know About the DMV APS Hearing Process in California

If you were arrested for a DUI in California, you are dealing with two separate legal processes at the same time — your criminal court case and a DMV Administrative Per Se (APS) hearing. Many people do not realize these are distinct, and confusing the two can cost you your license. Here is what you need to know.

What Is a DMV APS Hearing?

The DMV APS hearing is an administrative process, not a criminal one. The rules are different, and the DMV only needs to prove three things:

• The officer had legal grounds to pull you over
• The officer had legal grounds to arrest you
• Your blood or breath alcohol level came back at .08% or higher

That is it. The criminal court standard — “beyond a reasonable doubt” — does not apply here. The DMV uses a lower standard called preponderance of the evidence, which essentially means “more likely than not.” This makes the APS hearing harder to win than many people expect.

The hearing is also highly technical. Much of the challenge comes down to Title 17 of the California Code of Regulations, which governs how chemical tests must be conducted and documented. A procedural error in the testing process can be grounds to challenge the suspension — but only if someone with the right experience knows where to look.

Do Marijuana DUIs Trigger an APS Hearing?

No. APS hearings and the 10-day requirement only apply to alcohol-related DUIs. If you were arrested for a marijuana DUI, you do not need to contact the DMV’s Mandatory Actions unit to request a hearing. For drug-related DUIs, the DMV can only suspend your license after a court conviction — not through the APS administrative process.

What If You Missed Your DMV Hearing?

If the DMV scheduled your hearing and never called, or if you received a suspension letter without your hearing taking place, do not assume you are out of options. The date on the suspension letter tells you when the suspension is set to begin — but that does not mean it is final.

If you requested a hearing and it was never held, it may be possible to have the suspension lifted and the hearing reinstated. Take the letter to a DUI defense attorney and find out what happened before that suspension date arrives.

Your Best Move

Whether you are trying to win an APS hearing, understand your drug DUI situation, or challenge a suspension that should not have happened, the right step is the same: talk to a DUI attorney who knows the local DMV office handling your case. The APS process is technical enough that experience with that specific office — and its hearing officers — can make a real difference.

This post was written by Attorney Patrick Silva. For questions about your DMV hearing or DUI case, contact our office.