California DMV DUI Hearing Lawyer

Fighting Driver's License Suspensions After a DUI Arrest

If you have been arrested for DUI in California, you are facing two separate legal battles:

  1. A criminal court case
  2. A California DMV Administrative Per Se (APS) hearing

Many drivers are shocked to learn that you can win your DUI court case and still lose your driver's license through the DMV. The DMV hearing process is fast, unforgiving, and heavily stacked against drivers. Without experienced legal representation, a license suspension is often automatic.

For more than 30 years, I have represented clients in DMV DUI hearings throughout the San Fernando Valley and Los Angeles County, aggressively challenging suspensions and holding the DMV to its burden of proof.

The Hedding Law Firm is here to help. Schedule your consultation at (866) 986-2092 or contact us here. 

What Is a California DMV DUI Hearing?

A California DMV DUI hearing—also known as an Administrative Per Se (APS) hearing—is a civil proceeding conducted by the California Department of Motor Vehicles.

This hearing is completely separate from your criminal DUI case and focuses only on whether your driver's license should be suspended, not whether you are guilty of DUI.

Important:

  • You have only 10 days from the date of arrest to request a DMV hearing

  • If you miss the deadline, your license will be automatically suspended

  • The DMV hearing often happens before your first court date

Why DMV DUI Hearings Are So Difficult to Win

In my professional opinion, DMV hearings operate like a kangaroo court.

At a DMV hearing, the hearing officer:

  • Acts as the prosecutor

  • Rules on objections to their own evidence

  • Decides the final outcome

Unlike the criminal court:

  • There is no jury

  • The hearing officer is usually not an attorney

  • Hearsay evidence is routinely admitted

  • The rules of evidence are loosely applied

This built-in conflict of interest makes DMV hearings extremely difficult unless a defense attorney finds a clear, undeniable flaw in the DMV's case.

What Does the DMV Have to Prove to Suspend Your License?

To suspend your driver's license after a DUI arrest, the DMV must prove all of the following:

  • You were lawfully stopped

  • You were lawfully arrested

  • You were driving a motor vehicle

  • Your blood alcohol concentration (BAC) was 0.08% or higher at the time of driving

If the DMV fails to prove any one of these elements, your license must be set aside.

DMV DUI Hearing Angles That Actually Work

There is no magic trick to beating a DMV hearing. Winning requires identifying real problems in the evidence.

Examples of Successful DMV Hearing Defenses Include:

  • The officer cannot establish the time of driving

  • No credible evidence that the driver was actually driving

  • Breath testing machine calibration or accuracy issues

  • Improper blood collection or contamination

  • Unlawful or unsupported traffic stop

  • Failure to properly advise blood vs. breath test rights

  • Significant delay between driving and chemical testing

Real-World Example:

If the DMV cannot establish when you were driving, they cannot prove what your BAC was at the time of driving—even if the test result is over the legal limit. Without a time of driving, the case collapses.

These are common-sense problems, not defense gimmicks.

Why Experience Matters in DMV DUI Hearings

The DMV does not like to lose. Hearing officers will aggressively attempt to salvage weak cases. Only a seasoned DUI attorney knows:

  • When to press an objection

  • When to expose evidentiary gaps

  • When the DMV has crossed the line

  • How to create a record for appeal if necessary

Most attorneys who promise multiple “defenses” during an initial consultation are simply selling hope, not strategy. A defense is only as strong as the facts that support it.

DMV DUI Hearings vs. Criminal Court

DMV Hearing Criminal Court

Civil proceeding

Criminal case

License suspension only

Jail, fines, probation

No jury

Jury or judge

Hearsay allowed

Rules of evidence apply

DMV hearing officer

Judge

Winning one does not guarantee winning the other. Both must be handled strategically.

What Happens If You Lose the DMV Hearing?

If the DMV upholds the suspension:

  • Your license will be suspended for months or years

  • You may need an ignition interlock device (IID)

  • Your insurance rates will skyrocket

  • Driving privileges may be severely restricted

For many people, a suspended license means loss of employment, missed family obligations, and long-term hardship.

DMV DUI Hearings in the San Fernando Valley

I regularly handle DMV DUI hearings connected to cases in:

Each case is different, but local knowledge and experience matter—especially when challenging officers and evidence tied to specific jurisdictions.

Speak With a California DMV DUI Hearing Lawyer Today

If you've been arrested for DUI, time is critical. The DMV hearing is your only opportunity to fight the automatic suspension of your license.

When you meet with us, you will walk away knowing:

  • What you're up against

  • Whether there is a viable DMV defense

  • What outcome can you realistically expect

  • How your DUI court case and DMV case interact

There is no sugar-coating—only honest answers and experienced advocacy. Contact the Hedding Law Firm for a free case evaluation.

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