The short answer: After a DUI arrest in California, your driver's license and your criminal case move on two separate tracks. The DMV handles your license; the court handles the criminal charge. To get a DMV hearing before the suspension takes effect, you must request it within 10 days of receiving the suspension notice. Once those 10 days pass, many people are left simply waiting for the temporary license to run out.
Information verified as of October 22, 2026; applies to California. Every case is different; this is general information, not legal advice for your situation.
What is the notice the officer gave you when your license was taken?
If a breath test shows a blood alcohol concentration of 0.08% or more, or you refuse testing, the officer, acting on behalf of the DMV, personally serves a notice of suspension or revocation and takes your California license (Vehicle Code §13382). That notice also serves as your temporary license. If you gave a blood sample, the result takes time, and the DMV may mail the notice later; the 10 days run from when you receive it (§13353.2(b), §13558(b)). According to the DMV, you may drive for 30 days from the date the order was issued, as long as your license is not expired and is not suspended or revoked for some other reason.
Once you have the notice, do three things right away:
- Photograph it and keep the original somewhere safe;
- Mark the date you received it on your phone calendar, then count forward and mark day 10 and day 30;
- Keep it together with the other papers you received, such as release papers, a tow slip, bail paperwork, or a court notice.
How do you count the 10 days and request a DMV hearing?
Vehicle Code §13558(b) says that if you want a hearing before the suspension takes effect, you must request it within 10 days of receiving the notice. Under §13558(d), if the request is postmarked or received by the DMV on or before the 10th day, the DMV must hold the hearing before the suspension takes effect.
In practice:
- Start counting from the day you received the notice, and don't wait until the last day or two. If you're unsure how to count, go by the earliest possible date.
- Contact a DMV Driver Safety Office to make the request, or have an attorney request it for you. The DMV states that the hearing must be requested within 10 days.
- Keep a record: the date and method of your request, the name of the DMV employee, and any confirmation number or receipt.
One common misunderstanding: simply requesting a hearing does not automatically pause the suspension (§13558(e)). The law requires the DMV to complete the hearing before the suspension takes effect; only if the DMV fails to hold the hearing and decide within that time is the effective date pushed back.
How is the DMV hearing different from the court case?
| DMV administrative process | Court criminal process | |
|---|---|---|
| What it decides | Your driving privilege (license) | Whether you committed a crime and the sentence |
| Basis | Administrative action the DMV calls Administrative Per Se (APS) | Usually Vehicle Code §23152 |
| How it starts | You request a hearing within 10 days of the notice | The prosecutor files charges and the court sets a date |
| Outcome | License suspended, revoked, or kept | Criminal penalties |
The DMV says plainly that its suspension is an immediate administrative action against your driving privilege, separate from any jail, fine, or other penalty the court imposes. The DMV hearing result does not change the criminal charge, and a charge reduced in court to reckless driving does not restore a license that has already been suspended.
So both tracks need attention. Handling one does not take care of the other.
If the suspension takes effect, how long does it last?
These are the administrative suspension periods listed by the DMV and set out in Vehicle Code §13353 and §13353.3:
| Situation | DMV administrative action |
|---|---|
| Age 21+, test of 0.08% or more, first offense | 4-month suspension |
| Age 21+, second or later offense within 10 years | 1-year suspension |
| Age 21+, refused or failed to complete testing, first offense | 1-year suspension |
| Refusal with a prior DUI conviction or DMV suspension or revocation within 10 years | 2-year revocation (3 years with two or more priors) |
| Under 21, preliminary alcohol screening (PAS) or chemical test of 0.01% or more | 1-year suspension |
For a vehicle that requires a commercial driver's license, the threshold is 0.04% (§13353.2(a)(3)).
Whether you can drive to work during a suspension depends on your situation. According to the DMV, you may apply for an Ignition Interlock Device (IID) or a restricted license to drive to and from work; a request for a restricted license cannot be considered at the DMV hearing; and a person with a third or later DUI within 10 years is not entitled to any restricted license. Reinstatement and restricted licenses both require proof of financial responsibility, such as insurance.
What should you watch for on the court side in the first few days?
A DUI charge is usually brought under Vehicle Code §23152: subdivision (a) covers driving under the influence of alcohol, and subdivision (b) covers driving with a blood alcohol concentration of 0.08% or more. Both are often charged together.
What you can do in the first few days:
- Confirm your court date and courthouse. Check your release papers; if the date isn't there, contact the Superior Court in the county where you were arrested. Missing a court date can create a bigger problem than the DUI itself.
- Write down what happened while your memory is fresh: when you started drinking, what and how much you drank, whether you ate, when you were stopped, what the officer said, which field sobriety tests you did, and whether the test was breath or blood and where it was done. This note is for your attorney only.
- Preserve evidence: restaurant or bar receipts, photos from that night, contact information for anyone with you, and dashcam footage.
- Don't discuss the case on social media, and don't call the police to "explain."
- Whether you must appear in person depends on the charge and the court's requirements. Ask your attorney instead of guessing.
The first 10 days: what to do and what to avoid
| Do | Avoid |
|---|---|
| Request a DMV hearing within 10 days and keep the confirmation | Assuming the court will handle your license |
| Mark the date your temporary license expires | Driving after the temporary license expires |
| Confirm your court date and courthouse | Waiting for the court to contact you |
| Write down what happened and keep receipts and photos | Discussing the case online or in group chats |
| If you are not a citizen, learn the immigration consequences before any plea | Pleading guilty quickly just to "get it over with" |
What extra care should non-citizens take?
Before accepting a guilty or no contest plea, a California court must read an advisement: if you are not a U.S. citizen, the conviction may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization (Penal Code §1016.5). You can ask the court for additional time to consider the plea.
When you apply to naturalize, the Form N-400 instructions require you to report all offenses, expressly including driving under the influence and including records that have been expunged. What immigration consequences a single DUI carries depends on the specific charge, the sentence, and your prior record, so there is no one-size answer. Lingtu also has immigration attorneys; a non-citizen can choose to have an immigration attorney review the immigration consequences before entering a plea. See our article Can a Criminal Record Affect Your Green Card or Citizenship?
When should you contact an attorney right away?
- Several days have passed since you got the notice and the 10-day deadline is close;
- Someone was injured;
- You refused testing, or you are under 21;
- You hold a commercial license, or your job depends on driving;
- You had a DUI within the past 10 years;
- You are not a U.S. citizen.
Lingtu's criminal defense attorneys handle DUI cases in California state courts, and we can communicate in Chinese. We charge a fixed fee and explain it clearly before you sign. The initial evaluation is free.
Main sources
- California DMV, Driving Under the Influence (APS, 10-day hearing, suspension periods, restricted licenses)
- California Vehicle Code §13382 (service of notice, taking the license, temporary license)
- California Vehicle Code §13558 (10-day hearing request)
- California Vehicle Code §13353.2 (0.08%, 0.01%, and 0.04% thresholds)
- California Vehicle Code §13353 (refusal suspensions and revocations)
- California Vehicle Code §13353.3 (suspension periods)
- California Vehicle Code §23152
- California Penal Code §1016.5 (advisement to non-citizens)
- USCIS, Form N-400 Instructions
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