What Is an APS Hearing?
An Administrative Per Se (APS) hearing is separate from a criminal trial. A DMV hearing officer considers whether the administrative action against your driving privilege is justified. The issues depend on the type of action, such as a test-result case or an alleged refusal.
The Critical 10-Day Deadline
Request an administrative per se hearing within 10 calendar days of receiving the suspension or revocation order. If you received the notice at arrest, count from your arrest date. Keep a copy of the notice and confirmation of the request. If a deadline may have passed, contact DMV and an attorney promptly to review the notice and any available options.
How Jack Prepares for a DMV Hearing
Preparation can include reviewing the officer’s sworn report, the arrest and testing records, and the issues DMV must decide. Counsel can evaluate documents, identify relevant witnesses, and challenge evidence where appropriate. A favorable APS decision addresses that licensing action; it does not guarantee the result of the criminal case or remove another suspension.
Can I drive after a DUI arrest?
DMV describes a 30-day temporary license from issuance for eligible California drivers. An expired license or another suspension can change that position. Verify your status before driving. Check the official DMV guidance.
Three questions to resolve before getting behind the wheel
- What document currently authorizes driving, and when does it expire?
- Has DMV confirmed a stay or restriction, and are there other actions on the record?
- Does the notice involve a test result, alleged refusal, or another licensing issue?
A hearing request and a restricted-license application address different questions. Read the IID and restricted-license guide for background. If refusal is alleged, use the chemical-test refusal checklist to organize the documents for counsel.
What to bring to a DMV case review
Bring the order, temporary license, correspondence, request confirmation, and any court papers. Write down when you received each notice. Ask who will request records and confirm deadlines, and whether DMV representation is included in the agreement.
Frequently Asked Questions