Can I drive during the 30 days before my license suspends?

Yes, the pink paper serves as your temporary license for 30 days from your arrest date. After that, if you haven't requested an APS hearing or if you lose the hearing, you cannot legally drive unless you qualify for a restricted license.

What if I win my criminal DUI case but lose the DMV hearing?

Your license remains suspended even if you're found not guilty in criminal court. The DMV operates under a lower standard of proof than criminal court. This is why it's important to fight both cases simultaneously.

Is it worth requesting the hearing if my blood alcohol was clearly over 0.08?

Yes. Even with a high blood alcohol reading, there may be procedural errors, equipment malfunctions, or medical factors that could result in winning your hearing. The hearing also provides valuable discovery for your criminal case.

Arrested for DUI in Santa Clarita? You Have 10 Days to Save Your License

Why You Only Have 10 Days

California law gives you exactly 10 calendar days from your arrest date to request an Administrative Per Se (APS) hearing with the DMV. This deadline is absolute - weekends and holidays count toward the 10 days.

If you miss this deadline, your license automatically suspends 30 days after your arrest. There are no extensions, no exceptions, and no second chances to request this hearing.

What Happens If You Don't Request a Hearing

Without requesting an APS hearing, here's what occurs:

Your license suspends automatically 30 days after arrest
First-time DUI: 4-month suspension minimum
Second DUI within 10 years: 1-year suspension
Refusal to take a chemical test: 1-year suspension (first time), 2 years (second time)

Even if you win your criminal DUI case, the DMV suspension remains unless you also win the APS hearing or never requested one.

How the APS Hearing Works

The APS hearing is your opportunity to challenge the license suspension before it takes effect. The hearing officer will determine whether:

The officer had reasonable suspicion to stop you
The officer had probable cause to arrest you for DUI
You were driving with a blood alcohol content of 0.08% or higher
You were properly advised of the consequences of refusing a chemical test

If the hearing officer finds insufficient evidence on any of these points, your license suspension is set aside.

The Two Separate Cases You're Fighting

Many people don't realize they're facing two separate proceedings:

Criminal Court Case: The District Attorney prosecutes you for DUI. Possible outcomes include fines, jail time, probation, and DUI classes.

DMV Administrative Case: The DMV seeks to suspend your license. This is a civil matter, not criminal.

You can lose one case and win the other. Winning your criminal case doesn't automatically restore your license if you lose the DMV hearing.

What Evidence Can Be Challenged

During the APS hearing, your attorney can challenge:

Breathalyzer calibration and maintenance records
Blood test chain of custody and lab procedures
Officer training and certification
Whether proper procedures were followed during your arrest
Medical conditions that might affect test results

This evidence gathering also helps your criminal defense case, making the APS hearing valuable even if you ultimately lose it.

Can You Get a Restricted License?

If your license is suspended, you may qualify for a restricted license that allows driving to work, school, medical appointments, and DUI classes. Requirements include:

Installing an ignition interlock device in your vehicle
Obtaining SR-22 insurance
Completing DUI classes
Paying reinstatement fees

However, if you refused a chemical test, you're not eligible for a restricted license during the first portion of your suspension.

How Your Attorney Can Help

An experienced DUI attorney can request the APS hearing for you and handle the entire process. Benefits include:

Proper paperwork filed within the 10-day deadline
Subpoena of evidence like calibration records and officer training files
Cross-examination of the arresting officer
Identification of procedural errors that could result in dismissal

Your attorney can also use evidence discovered during the APS hearing to strengthen your criminal defense.

Cost of Not Fighting the Suspension

Beyond losing your driving privileges, a license suspension affects:

Employment opportunities (especially jobs requiring driving)
Insurance rates (which increase significantly after DUI)
Daily activities like grocery shopping and medical appointments
Family responsibilities like school pickups

The cost of fighting the suspension is typically much less than the consequences of losing your license.