If you were arrested for DUI in California, two separate cases are running against you simultaneously — one in criminal court, one at the DMV. Most people focus only on the criminal case. That’s a costly mistake.
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What is an APS hearing?
The California DMV’s Administrative Per Se (APS) law gives the state authority to suspend your driver’s license independent of anything that happens in criminal court — even if your DUI charges are reduced or dismissed entirely.
When you were arrested, the officer took your physical license and gave you a pink DS-367 form. That form is your temporary driving permit, valid for 30 days. After that, your license is automatically suspended unless you act. You have 10 days from the date of arrest to contact the DMV and request a hearing. Missing that window means the suspension takes effect automatically — no hearing, no chance to fight it.
The criminal case and the DMV case are not the same thing
This is the single most important thing to understand. The DMV does not care what happens in your criminal case. A reduction to wet reckless, a dismissed charge, even an acquittal — none of those automatically save your license. The DMV uses its own standard of evidence, its own hearing officer, and its own decision-making process.
The reverse is also true: winning at the DMV does not resolve your criminal case. These two tracks must be defended in parallel, and your strategy in one must not undermine the other.
What does the DMV have to prove?
At an APS hearing, the hearing officer evaluates three questions. The DMV must prove all three — fail any one, and the suspension cannot stand.
Lawful stop?
The officer must have had a specific, articulable reason to pull you over. A hunch isn’t enough — and an unlawful stop can collapse the entire case.
Lawful arrest?
The officer must have had probable cause to believe you were driving under the influence. This is both a factual and a legal question, and the answer isn’t always obvious.
BAC at or above the limit?
0.08% for most drivers. 0.04% for commercial drivers. 0.01% for drivers under 21. But a number on a machine is not automatically the truth.
Where the DMV’s case can be challenged
The DMV’s evidence is not bulletproof. Common vulnerabilities include:
The traffic stop
Was the stop based on a valid traffic violation, or was it pretextual or unlawful? Body cam and dash cam footage can reveal what actually happened — and that footage must be subpoenaed quickly before it’s overwritten.
The field sobriety tests
These tests are highly subjective. Their reliability depends entirely on whether they were administered in strict accordance with NHTSA standards. John Campanella is nationally certified as a Field Sobriety Test administrator — he knows exactly what the officer was supposed to do, and exactly what to look for when they didn’t.
The breath test
Breathalyzer results are only as reliable as the machine that produced them. Every device used in California must be regularly calibrated, maintained, and logged. John owns the operator manuals for the major devices used in Northern California. He knows how to obtain calibration records, maintenance logs, and usage history — and how to challenge a result when that documentation reveals problems.
The blood test
Blood evidence must be collected, stored, transported, and analyzed according to strict protocols. Chain of custody errors, improper storage temperatures, and laboratory defects can all undermine reliability. John can obtain headspace gas chromatography analysis of your blood sample — a level of scrutiny most attorneys never think to request.
Procedural errors
Officers are required to follow specific procedures before administering chemical tests, including a mandatory 15-minute observation period. Shortcuts in that process can invalidate the result entirely.
Possible outcomes
| Scenario | Result | Details |
|---|---|---|
| DMV fails to prove its case | Set aside | No suspension. License preserved as if the arrest never happened. This is the outcome we prepare to pursue in every case. |
| First offense — chemical test | 4-month suspension | Followed by eligibility for a restricted license. Requires DUI education enrollment and ignition interlock device (IID) installation. |
| First offense — chemical test refusal | 1-year suspension | No restricted license option. Refusal cases are significantly more serious — call immediately if this applies to you. |
| Second or subsequent offense | 1-year suspension | Mandatory IID requirement. Restricted license terms vary by county and prior record. |
The commercial driver difference
If you hold a Class A or Class B CDL, this is a career-threatening event.
The BAC threshold for commercial drivers is half the standard limit — 0.04% — and a CDL disqualification runs separately from any action on your standard driving privilege.
A first-offense CDL disqualification is one year. If hazardous materials were involved, it’s three years. A second disqualification is a lifetime ban.
Commercial drivers should not navigate this without legal representation from an attorney who understands both tracks.
Frequently asked questions
There are limited circumstances in which a late hearing request may be accepted — and your criminal attorney may have options that affect the DMV side as well. Call immediately. The situation may not be as lost as it appears.
It absolutely can. Breath test results carry a margin of measurement error. A result very close to the limit is worth examining closely — both for the reliability of the test itself and for any rising blood alcohol defense, if you were still absorbing alcohol at the time of the test.
Potentially. Evidence gathered at the APS hearing — including officer testimony, subpoenaed documents, and cross-examination results — can be valuable in your criminal defense. This is one reason the two cases need to be coordinated, not treated separately.
APS hearings are typically 30 to 90 minutes. They are conducted by phone. You do not need to be present in person.
Call us. Every case is different, and a free consultation will give you a clear picture of your situation and your options before any financial commitment.