What Is an APS Hearing?

The California DMV's Administrative Per Se (APS) law gives the state the 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, with 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 about an APS situation. 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 hearing 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 DMV hearing officer evaluates three questions:

1. Did the officer have lawful cause to stop or detain you?

If the initial traffic stop was unlawful, the entire case may fall apart. Officers must have a specific, articulable reason for the stop — a hunch isn't enough.

2. Did the officer have lawful grounds to arrest you?

The officer must have had probable cause to believe you were driving under the influence. This is a factual and legal question, and the answer isn't always obvious.

3. Was your blood alcohol concentration (BAC) at or above the legal limit?

For most drivers, the legal limit is 0.08%. For commercial drivers, it's 0.04%. For drivers under 21, it's 0.01%. But a number on a machine is not automatically the truth — and that's where preparation matters most.

If the DMV cannot prove all three elements, your license cannot be suspended.

Where the DMV's Case Can Be Challenged

This is where an experienced attorney earns their fee. 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 a pretextual or unlawful stop? 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, and 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 breath testing 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 analysis defects can all undermine the reliability of a blood draw result. 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 15-minute observation period. Shortcuts in that process can invalidate the result entirely.

What Are the Possible Outcomes?

Set aside — The DMV's evidence doesn't meet the required standard. No suspension. You keep your license as if nothing happened. This is the outcome we prepare to pursue in every case.

Suspension — first offense, chemical test: 4-month suspension, followed by eligibility for a restricted license.

Suspension — first offense, chemical test refusal: 1-year suspension, no restricted license option. Refusal cases are significantly more serious — if this applies to you, call immediately.

Suspension — second or subsequent offense: 1-year suspension, mandatory IID requirement.

One important note: a restricted license, if available, typically permits driving to work, school, and medically necessary appointments. It requires enrollment in a DUI education program and installation of an ignition interlock device (IID). The details depend on your county and your prior record.

The Commercial Driver Difference

If you hold a Class A or Class B commercial driver's license, an APS suspension 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.

These cases need a defense attorney who understands both tracks. Commercial drivers should not navigate this without legal representation.

Frequently Asked Questions

I already missed the 10-day window. Is it too late?

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 us immediately. The situation may not be as lost as it appears.

My BAC was just barely over the limit. Does that matter?

It absolutely can. Breath test results can have measurement error of plus or minus a meaningful margin. 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).

Can winning the APS hearing help my criminal case?

Potentially. Evidence gathered and developed at the APS hearing — including officer testimony, documents subpoenaed from the DMV, 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.

How long does the hearing take?

APS hearings are typically 30 to 90 minutes. They are conducted by phone. You do not need to be present in person.

What does it cost?

Call us. Every case is different, and a brief free consultation will give you a clear picture of your situation and your options before any financial commitment.

Over 1,000 DMV Hearings. Since 1994. An Actual Attorney.

John Campanella has been defending California drivers at DMV hearings for over 30 years. He is a licensed California attorney — not a hearing advocate, not a consultant. An actual lawyer who can cross-examine witnesses, subpoena evidence, challenge chemical test results, and if necessary, take a flawed DMV decision to Superior Court on a Writ of Mandate.

Call (916) 498-8460

Free consultation. Statewide representation. Remote hearings available.