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An extreme close-up photograph of a car key and ignition switch against a stark black background, conveying the serious legal implications of a DUI arrest.A DUI arrest can trigger an urgent administrative deadline that many drivers overlook, risking the loss of their driving privileges.San Diego Today

San Diego DUI defense attorney Anna R. Yum is providing guidance on the 10-day window to request a DMV hearing and preserve driving privileges after a DUI arrest. Failing to meet this deadline can result in an automatic 30-day license suspension, even if the driver is later found not guilty in court.

Why it matters

The DMV administrative process operates separately from the criminal case, so missing the 10-day deadline can lead to a suspended license regardless of the criminal court outcome. This highlights the importance of acting quickly to protect one’s driving privileges after a DUI arrest.

The details

Under California law, drivers arrested for DUI must request a DMV Administrative Per Se hearing within 10 calendar days to challenge the intended license suspension. If the deadline is missed, the suspension takes effect automatically for 30 days. At the hearing, the DMV must prove the arresting officer had reasonable cause, the arrest was lawful, and the driver’s blood alcohol content was 0.08% or higher. Errors in the paperwork, issues with testing equipment, or the officer’s failure to appear can lead to the suspension being set aside.

  • Drivers have 10 calendar days from the time of arrest to request a DMV hearing.
  • The temporary license issued at the time of arrest is valid for 30 days.

The players

Anna R. Yum

A San Diego-based DUI defense attorney with nearly two decades of experience, including time as a former prosecutor.

California Vehicle Code § 13558

The law requiring individuals to request a DMV Administrative Per Se hearing within 10 calendar days of a DUI arrest.

California Vehicle Code § 13353.2

The law that gives the DMV the authority to suspend a license based on the arrest itself, before any criminal conviction.

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What they’re saying

“Many drivers assume they can wait to see what happens in criminal court before addressing the DMV process. That misunderstanding can result in a permanent loss of the right to challenge the suspension.”

— Anna R. Yum, San Diego DUI defense attorney

“Requesting the stay is critical because it allows individuals to continue driving legally while the hearing is pending. Without it, the temporary license expires after 30 days and the suspension takes effect automatically.”

— Anna R. Yum, San Diego DUI defense attorney

What’s next

Drivers facing DUI charges in San Diego County should contact a DUI defense attorney within the 10-day window to request a DMV hearing and preserve their driving privileges.

The takeaway

This case highlights the importance of acting quickly after a DUI arrest to protect one’s license, as the DMV administrative process operates independently from the criminal case. Failing to meet the 10-day deadline can lead to an automatic 30-day suspension, even if the driver is later found not guilty in court.