What Is a DMV Hearing? (Administrative Per Se Hearing)

A DMV hearing—officially called an Administrative Per Se (APS) hearing—is a separate legal proceeding from your criminal DUI case. This hearing is held by the California Department of Motor Vehicles to determine whether your driver's license should be suspended.

Critical fact: The DMV hearing is NOT part of your criminal court case. You can win your criminal DUI case and still lose your license at the DMV hearing, or vice versa. They are completely separate proceedings with different rules, different evidence, and different outcomes.

Why the DMV Wants to Suspend Your License

The DMV will try to suspend your license if they claim you:

• Were driving with a blood alcohol content (BAC) of 0.08% or higher
• Refused to take a chemical test (breath, blood, or urine)
• Were driving under the influence of drugs
• Were under 21 with any measurable alcohol in your system
• Are on DUI probation and had any measurable alcohol

Why Your License Matters

Losing your driver's license in Grass Valley creates significant challenges for daily life:

How to Win a DMV Administrative Per Se Hearing

DMV hearings are not automatic losses. There are specific legal defenses that can result in the DMV setting aside your suspension and allowing you to keep your license. Here are the main defenses I use to win DMV hearings for my Grass Valley clients:

1. You Were Not Driving

The DMV must prove you were actually driving the vehicle. If the officer didn't see you driving—for example, if you were found sitting in a parked car or standing outside your vehicle—I can challenge whether the DMV can prove you were the driver. Without proof of driving, the suspension cannot stand.

2. Illegal DUI Checkpoint

If you were arrested at a DUI/driver's license checkpoint in Grass Valley or Nevada County, I can challenge whether the checkpoint was conducted legally. California law requires checkpoints to follow strict guidelines, including:

• Supervisory approval and planning
• Neutral mathematical formula for stopping vehicles (every car, every 3rd car, etc.)
• Proper safety precautions and lighting
• Reasonable location and time duration
• Public notice or awareness of the checkpoint

If the checkpoint violated any of these requirements, your arrest may be invalid and your suspension can be set aside.

3. No Probable Cause to Detain You for DUI

The officer must have had probable cause to believe you were driving under the influence before requesting that you take a chemical test. I challenge whether the officer had sufficient evidence to justify the DUI detention by examining:

• Whether the traffic stop itself was legal (did the officer have a valid reason to pull you over?)
• Whether you showed objective signs of intoxication
• Whether field sobriety tests were properly administered
• Whether the officer's observations support a finding of impairment

If the officer lacked probable cause, any test results that followed are inadmissible.

4. Violations of Title 17 of the California Code of Regulations

Title 17 sets forth strict requirements for how chemical tests must be administered in California. Common Title 17 violations I use to win DMV hearings include:

• 15-minute observation period: The officer must continuously observe you for 15 minutes before a breath test to ensure you didn't eat, drink, smoke, vomit, or burp—any of which can contaminate results
• Two breath samples: The officer must obtain two separate breath samples within 0.02% of each other
• Blood sample storage: Blood samples must be properly stored and preserved
• Qualified personnel: Only properly trained personnel can administer tests

If any Title 17 requirement was violated, the test results may be excluded.

5. Breath Testing Instrument Not Properly Calibrated or Not Working

Breathalyzers must be regularly calibrated and maintained according to strict standards. I obtain the maintenance and calibration records for the specific device used in your case and look for:

• Missed or late calibration dates
• Calibration results outside acceptable ranges
• Device malfunctions or error messages
• Use of incorrect or expired calibration solutions
• Failure to follow manufacturer's maintenance protocols

If the breath testing device was not properly maintained, the results are unreliable and can be excluded.

6. Improper Admonishment About Consequences of Refusal

Before you take a chemical test, the officer must properly advise you that refusing the test will result in license suspension or revocation. This admonishment must be clear and complete. I can challenge your suspension if:

• The officer did not give you a clear choice of blood or breath test
• The officer didn't explain the consequences of refusal
• The officer gave confusing or contradictory instructions
• You have a language barrier and weren't provided an interpreter
• The officer coerced you into taking one test over another

If the admonishment was improper or incomplete, a refusal suspension may be set aside.

7. You Did Not Actually Refuse the Test

Sometimes the DMV claims you "refused" a chemical test when in fact you tried to comply but were unable to due to circumstances beyond your control. Valid defenses to a refusal include:

• You were physically unable to provide a sufficient breath sample due to asthma, COPD, or other medical conditions
• You requested a blood test instead of breath but were denied
• You were confused about what the officer was asking
• You attempted to comply but the equipment malfunctioned
• The officer unreasonably cut off your attempts to provide a sample

If you made a good faith effort to take the test, it's not a refusal.

Combining Defenses: In many cases, I use multiple defenses together to create a strong case for setting aside your suspension. Every DMV hearing is different, and I tailor my strategy to the specific facts of your case.

DMV Hearing vs. Criminal DUI Court Case: What's the Difference?

Many Grass Valley drivers don't understand that there are TWO separate cases after a DUI arrest:

Important: Winning or losing one case doesn't automatically affect the other. You need separate strategies for each. I handle both—defending your license at the DMV hearing and fighting your criminal DUI charges in Nevada County Superior Court.

Can You Get a Restricted License?

Even if you lose your DMV hearing, you have two options for restricted licenses in California:

Option 1: Work-Restricted License (No Ignition Interlock Required)

A traditional work-restricted license allows you to drive only to and from:

• Work
• DUI school
• Court-ordered activities

Requirements:

• Enroll in DUI school
• File SR-22 insurance (proof of financial responsibility)
• Pay DMV reinstatement fee ($125)
• Serve a 30-day hard suspension first (no driving at all)

Option 2: IID-Restricted License (Drive Anywhere, Anytime)

With an Ignition Interlock Device (IID) restricted license, you can drive anywhere, anytime—not just to work. This option:

• Allows unlimited driving (work, personal, errands, family activities)
• Requires installation of an ignition interlock device in your vehicle
• Has no 30-day hard suspension (you can drive immediately)
• Costs approximately $150-200/month for the IID device

Requirements:

• Enroll in DUI school
• File SR-22 insurance
• Pay DMV fees
• Install IID in your vehicle (certified installer required)

I can help you determine which restricted license option is best for your situation and guide you through the application process.

What If You Refused the Chemical Test?

If you refused to take a breath or blood test, you face an automatic 1-year license suspension (even for a first offense). However, you still have the right to a DMV hearing, and I can still fight for you.

Refusal defenses include:

• You weren't properly advised of the consequences of refusal
• You didn't actually refuse (confusion, medical issue, language barrier)
• You were physically unable to complete the test
• The officer didn't give you a choice of tests

Even a refusal case can be won at the DMV hearing. Call me at 530-265-0186 to discuss your specific situation.

Frequently Asked Questions

Can I represent myself at the DMV hearing?

You have the legal right to represent yourself, but I strongly advise against it. DMV hearings have specific rules of evidence and procedure that are different from criminal court. The DMV's hearing officers are not neutral—they work for the agency trying to suspend your license. Without an experienced attorney who knows how to challenge evidence, cross-examine officers, and present defenses, you're at a severe disadvantage. Most people who represent themselves lose.

What if I miss the 10-day deadline?

If you miss the 10-day deadline to request a DMV hearing, your license will be automatically suspended 30 days after your arrest, and you lose your right to challenge the suspension. However, in very rare circumstances, there may be legal remedies available. Call me immediately at 530-265-0186 even if you think you've missed the deadline—I may be able to help.

Do I have to go to the DMV hearing?

In most cases, no. As your attorney, I represent you at the DMV hearing and you don't need to attend. I handle all the evidence, cross-examination, and arguments. However, in some cases, I may recommend that you testify if I believe your testimony will strengthen your case. We'll discuss this strategy during your consultation.

How long does a DMV hearing take?

Most DMV hearings last 30-90 minutes, depending on the complexity of your case and whether the arresting officer appears. The DMV typically issues a decision within 1-3 weeks after the hearing. If we lose, I can help you file an appeal or apply for a restricted license immediately.

What's the difference between a DMV hearing and traffic court?

A DMV hearing is an administrative proceeding about your driver's license, conducted by the DMV. Traffic court is a criminal or infraction proceeding about violations of the Vehicle Code, conducted by a judge. Your DUI arrest creates both a DMV hearing (to determine license suspension) and a criminal court case (to determine guilt). They are completely separate proceedings with different rules and outcomes.

Can I get a hardship license to drive to work?

California doesn't call them "hardship licenses," but you have two options: (1) A work-restricted license that allows driving only to work, DUI school, and court activities (requires 30-day hard suspension first), or (2) An IID-restricted license with an ignition interlock device that allows you to drive anywhere, anytime, with no hard suspension. I can help you choose the best option and complete the application.

Appealing Your DMV DUI Hearing Decision

If you lose your DMV hearing, you have the right to appeal the decision. Here's what you need to know about the appeals process:

Administrative Review (First Level Appeal): You can request an administrative review by a different DMV hearing officer. This must be filed within a specific timeframe after your hearing decision. The reviewing officer will examine whether the original hearing officer properly applied the law and considered all evidence.

Writ of Mandate (Court Appeal): If the administrative review is unsuccessful, you can file a Writ of Mandate in Superior Court. This is a formal legal challenge asking the court to overturn the DMV's decision. The court reviews whether the DMV:

• Followed proper procedures
• Based its decision on substantial evidence
• Correctly interpreted and applied the law
• Acted within its legal authority

Important Appeal Considerations:

• Strict deadlines apply—you must act quickly
• The appeal does not automatically stay (stop) your suspension
• You may need to request a separate stay of suspension from the court
• Court appeals involve filing fees and legal procedures
• Success depends on finding legal errors in the original hearing

I can evaluate whether an appeal is worthwhile in your case based on the specific facts and the hearing officer's decision. Not every case should be appealed, but when there are clear legal errors or procedural violations, an appeal can be an effective way to overturn a suspension.

What happens if I win my DMV hearing?

If we win your DMV hearing, the suspension is "set aside" and you keep your full, unrestricted driver's license. You can continue driving normally. However, your criminal DUI case is still pending in court—winning the DMV hearing doesn't dismiss your criminal charges. You still need a strong defense in criminal court, which I also provide.

What happens if I lose my DMV hearing?

If we lose your DMV hearing, your license will be suspended. However, you have several options: (1) File an administrative appeal with the DMV, (2) Apply for a restricted license with an ignition interlock device so you can still drive to work and other necessary locations, (3) Request a stay of the suspension pending your criminal trial if your case is strong. I will explain all your options and help you take the best next steps.

How does this affect my commercial driver's license (CDL)?

If you hold a CDL, a DUI arrest is even more serious. You face a one-year disqualification of your CDL for a first offense (even if you were driving your personal vehicle), and a lifetime disqualification for a second DUI. There is no restricted CDL available. Winning your DMV hearing is absolutely critical if your livelihood depends on your CDL. Call me immediately at 530-265-0186 for emergency CDL defense.

Take Action Now - Protect Your License

If you've been arrested for DUI in Grass Valley or received a notice of suspension, don't wait. The 10-day deadline to request your DMV hearing is strict, and missing it means automatic license suspension with no opportunity to fight back.

Call me today at 530-265-0186 for a free consultation. I'll review your case, explain your options, and take immediate action to protect your driving privileges.