DUI arrest Orange County
As with all counties throughout the State of California, the arresting officer of a suspect driving under the influence in Orange County will seize the driver’s license and serve the driver with a Notice of Suspension (legally referred to as DMV for DS367), usually after release from custody. If this has happened to you, the clock starts ticking after you’re arrested.
Under the law, you only have 10 days after a DUI arrest to request a DMV APS hearing, allowing you to challenge the automatic license suspension that comes with a DUI charge. The “10 day” rule is calculated in calendar days, not working days, and it’s crucial to meet this deadline if you wish to defend your driving privilege and argue why it should not be suspended.
For many drivers, a license suspension can cause serious disruption to work, school, and family life. However, acting fast gives you options. With the help of an experienced DUI defense attorney, you may be able to secure a restricted license or an Ignition Interlock Device (IID) that allows you to keep driving.
Whether your case involves a first offense DUI, a BAC over the legal limit, or a refusal to take a chemical test, protecting your driving privilege starts with requesting your hearing on time.
While you can legally drive temporarily, without restrictions, until the hearing results are issued by the DMV (if your license was valid at the time of the arrest), missing this short window means the Department of Motor Vehicles will suspend your license — even before your court case begins.
STEP-BY-STEP: REQUESTING APS
How to request DMV hearing (phone vs mail)
Understanding how to request a DMV hearing can make all the difference. You can make the request either by phone or by mail. However, it must be submitted to the correct DMV Driver Safety Office within 10 calendar days of your arrest (including weekend days). Your trusted legal professional can handle this on your behalf, ensuring it’s done correctly and on time.
Once your hearing is requested, your lawyer can obtain the officer’s report, the evidence list, and other discovery materials the DMV will rely on. Requesting the hearing also triggers a stay of suspension, meaning your license remains valid until the hearing’s outcome.
The hearing itself — called an Administrative Per Se (APS) hearing — focuses on three key questions:
- Did the officer have reasonable cause for the arrest?
- Was your BAC 0.08% or higher?
- Were proper procedures followed during your chemical test or refusal warning?
WHAT WE DO AT THE HEARING
Why legal knowledge and skills matter (e.g. cross-exam officer)
At Stein Defense, Attorney David A. Stein relies on his decades of courtroom experience to expertly fight for your driving rights. During the DMV APS hearing, our legal team may cross-examine the arresting officer, suppress bad tests, and challenge Title 17 issues involving improper breath or blood testing procedures.
We often explore defenses such as rising BAC, where your alcohol level increased after you stopped driving. We also advise on IID options and the ways the court vs DMV timeline can affect your case strategy.
The DMV hearing is your first line of defense after a DUI arrest. With prompt action, evidence-based arguments, and a skilled attorney by your side, you can protect your license — and your future — starting today.
