What Happens at a DMV Hearing for DUI in California?

July 27, 2025 | Nafiz M. Ahmed

If you’re arrested for driving under the influence (DUI) in California, you’re not just facing a court case. You also have to deal with the Department of Motor Vehicles (DMV).

The DMV hearing is separate from the criminal process and focuses only on your driving privileges. Importantly, this hearing can result in the suspension of your driver’s license even if your criminal charges are dropped later.

If you’ve never been through a DMV hearing before, here’s what you need to know.

What Is the Purpose of a DMV Hearing?

The California DMV hearing is an administrative proceeding. It is not a criminal trial and has a much narrower scope. The goal is to determine whether your driver’s license should be suspended based on your DUI arrest.

This hearing usually applies in two types of cases:

You failed a chemical test (blood or breath), and your blood alcohol concentration (BAC) was 0.08% or higher.
You refused to take a chemical test after being arrested for DUI.

It’s important to understand that the DMV doesn’t care whether you’re guilty of DUI in the eyes of the court. They only care about whether you violated the administrative rules that trigger a license suspension.

How Do You Request a DMV Hearing?

You usually have only 10 days from the date you received notice to request a DMV hearing. Your license will automatically be suspended 30 days after your arrest if you miss this deadline, regardless of whether your criminal case is still pending.

Once you request a hearing, the DMV will put a temporary stay (hold) on the suspension. This allows you to keep driving until the hearing is held and a decision is made. Your attorney can help with the request and represent you during the process.

What Happens During the Hearing?

The DMV hearing is less formal than a courtroom trial but still follows a basic legal structure. Depending on the location and your preference, it may take place in person or over the phone.

Here’s what typically happens:

A DMV hearing officer (who is not a judge) will run the proceeding.
The officer will present the case against you, usually based on the arresting officer’s report and any test results.
You or your lawyer can challenge the evidence, cross-examine witnesses, and present your own witnesses or documents.
You may testify, but you are not required to.

The DMV hearing officer will consider only a few key questions, such as:

Did the officer have reasonable cause to believe you were driving under the influence?
Were you lawfully arrested?
Was your BAC 0.08% or higher, or did you refuse testing?

Getting legal advice from an experienced criminal defense attorney before your hearing is likely in your best interest.

What Are the Possible Outcomes?

If the hearing officer rules against you, your license will be suspended. The length of the suspension depends on the specifics of your case and whether this is your first offense. For a first-time DUI, the suspension usually lasts four months. If you refused the test, it could be one year or more.

You might be eligible for a restricted license that lets you drive to work or school. However, you’ll likely need to install an ignition interlock device (IID) and complete a DUI education program first.

If the hearing officer finds there isn’t enough evidence, your license will not be suspended. That said, even if you win your DMV hearing, you could still lose your license later if you’re convicted in court.

Contact a San Jose DUI Defense Attorney for a Free Initial Consultation Today

A DMV hearing may seem less serious than a criminal trial, but it can still affect your life in significant ways. If you lose, you could be left without a license for months, making it harder to keep your job and care for your family.

A San Jose criminal defense attorney at Ahmed & Sukaram, Criminal Defense Attorneys can represent you during the hearing and work toward as favorable an outcome as possible. They may also be able to use the hearing to gather helpful information for your criminal defense. Contact us at (408) 217-8818 to schedule a free consultation today.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500