How the DMV Suspends a License After a DUI Arrest in California
A California APS suspension is the DMV action against a driver’s license that follows many DUI arrests. APS stands for administrative per se. It usually begins with a notice the officer hands over at the arrest. From there it runs on its own track, apart from the criminal case. The DMV controls only the privilege to drive, while jail, fines and probation belong to the court.
Most drivers first see the process on a form that doubles as a 30 day temporary license. That single page starts several clocks at once, so it helps to know what each one means.
Sources reviewed in October 2026 include the California Vehicle Code, the California DMV DUI guidance page and the DMV flyer for first offenders.
What Makes a California APS Suspension Administrative
Per se means the action rests on a set of facts rather than on a finding of guilt. The California DMV DUI page calls APS an immediate action against the driving privilege only. It also says APS sanctions stand apart from any jail sentence or fine a court imposes.
The Vehicle Code puts it in legal terms. Under Vehicle Code section 13353.2, the DMV finding is a civil matter that is independent of guilt or innocence. It also has no collateral estoppel effect, so the court does not have to follow it. The article on DUI court versus DMV cases explains how the two tracks run side by side.
The Four Grounds for a California APS Suspension
Section 13353.2(a) lists four situations. The DMV acts when an adult drove with 0.08 percent or more of alcohol in the blood. It also acts when a driver under 21 tested at 0.01 percent or more on a screening test or other chemical test.
A commercial driver faces action at 0.04 percent or more while driving a vehicle that requires a commercial license. Finally, a driver on probation for a prior DUI faces action at 0.01 percent or more. The California underage DUI guide and the California CDL DUI article cover those groups in more depth.
A refusal to take a chemical test falls under a different section. For that reason, the sections below deal mainly with cases where the officer obtained a test result.
How the Notice and Temporary License Start the Clock
Under Vehicle Code section 13382, the officer serves the notice when a test after arrest shows 0.08 percent or more. The officer also takes the driver’s California license. In its place, the officer issues a temporary license printed on the notice. That temporary license stays valid for 30 days from the date of arrest.
Next, the officer sends the notice, the license and a sworn report to the DMV. Section 13382 sets the deadline as the end of the fifth business day after the arrest. Sometimes the officer does not serve a notice at the scene, for instance while a blood result is pending. In that case, section 13353.2(b) has the DMV mail the notice after it receives the report.
The notice itself carries key dates. Section 13353.2(c) says it must state the grounds, the effective date and the right to a hearing. It must also explain how and when to ask for one. Likewise, Vehicle Code section 14100(c) requires the notice to show the 10 day hearing deadline prominently. The guide to DUI arrest paperwork explains the other forms a driver may receive, and the article on the DUI temporary license covers what that permit allows.
How Long a California APS Suspension Lasts
Under section 13353.3(a), the suspension takes effect 30 days after service of the notice. Vehicle Code section 13353.3 then sets the length. A California APS suspension lasts four months when the driver has no qualifying prior event within 10 years. With a qualifying prior event in that window, it lasts one year.
The list of prior events is broad. It includes separate DUI convictions, a wet reckless conviction and certain vehicular manslaughter convictions. It also includes a prior refusal finding or a prior APS finding on a separate occasion. Section 13353.3(d) adds that a conviction in another state, a U.S. territory or Canada counts if the conduct would violate the matching California law. The articles on the California DUI lookback period and an out of state prior explain how those dates work.
Younger drivers face a higher floor. Under section 13353.3(b)(3), a violation of the under 21 zero tolerance rule brings at least one year. One more date is worth noting. The current version of section 13353.3 runs until January 1, 2033, when a later version already in the code takes over with different restricted license rules.
Why Refusal Cases Follow a Separate Section
When a driver refuses a chemical test after arrest, the DMV acts under Vehicle Code section 13353 instead. The DMV page lists one year for a first refusal by an adult. It lists two years for a second refusal within 10 years and three years for a third. The article on California DUI test refusal explains those cases.
How the DMV Reviews a California APS Suspension
The DMV reviews every case even when the driver asks for nothing. Vehicle Code section 13557 tells the DMV to consider the sworn report and any evidence sent with it. According to the DMV page, the agency writes to the driver only if it sets the order aside.
The review uses a preponderance of the evidence standard. In a test result case, the DMV looks for three facts. First, the officer had reasonable cause to believe the person drove in violation of a DUI law. Second, the officer arrested the person or, in a zero tolerance case, lawfully detained the person. Third, the person drove with an alcohol level that meets one of the four grounds. If the DMV finds any fact unproven, it must rescind the order.
What a DMV Hearing Can and Cannot Change
A driver who wants more than the paper review can ask for a hearing. Under Vehicle Code section 13558, a request within 10 days of receiving the notice entitles the driver to a hearing before the effective date. The hearing can consider new evidence beyond what the DMV saw on review.
Still, the hearing covers the same three facts. Section 13558(c)(2) also bars the DMV from reducing the suspension period. So the hearing decides whether the suspension stands, not how long it lasts. A request alone does not pause the suspension either. If the hearing officer sustains the order, section 13558(f) cancels the temporary permit, and the suspension starts five days after notice. The guides on the DMV DUI hearing deadline, the DMV DUI hearing process and DMV DUI hearing evidence cover each stage.
Restricted License Options During a California APS Suspension
A restricted license calls for a separate application. In fact, the DMV page says the hearing officer cannot consider a restricted license request. For a first California APS suspension, the Vehicle Code offers two routes to drivers 21 and older.
The Ignition Interlock Route
Under Vehicle Code section 13353.6, an eligible driver may apply once the suspension takes effect. The driver enrolls in a licensed DUI program and installs a certified interlock device in each vehicle the driver operates. Applicants also file proof of financial responsibility and pay the fees. The restriction then covers the rest of the suspension.
Section 13353.6(d) adds a credit. Interlock time under this section counts toward any later interlock term from a conviction for the same arrest. The DMV flyer says this option allows driving anywhere, at any time, in a vehicle with the device.
The Work and Program Route
Vehicle Code section 13353.7 describes a route without the device. After the driver shows DUI program enrollment, the DMV suspends the privilege for 30 days. It then issues a restricted license for five months. That license covers travel to and from the program and to, from and during work.
Neither route applies when a qualifying prior falls within 10 years. Also, the DMV says a commercial driver must downgrade to a Class C license to get a restricted license. The article on California DUI restricted license options compares the choices.
How a California APS Suspension Overlaps With a Court Case
A conviction from the same arrest brings its own suspension under Vehicle Code section 13352. Section 13353.3(c) says the two run concurrently, and the total cannot exceed the longer of the two. The DMV flyer lists a 6 or 10 month suspension after a first DUI conviction. Because of this overlap, time served under APS usually counts once the court suspension begins. The article on DUI suspension credit explains the math.
When the Criminal Case Ends Without a DUI Conviction
An acquittal changes the DMV side. Section 13353.2(e) says the DMV must then reinstate the privilege right away. The DMV page adds that it first checks whether the court decision truly equals an acquittal.
A dismissal works differently. Suppose the prosecutor files no charges for lack of evidence, or a court dismisses them for insufficient evidence. In either case the driver gets a renewed right to a DMV hearing. The driver must ask within one year of the arrest.
On the other hand, a plea to a lesser charge does not help. The DMV page states that a reduction to reckless driving does not affect the suspension. The articles on a DUI dismissal and license suspension and the California wet reckless plea explore those outcomes.
Getting a License Back After a California APS Suspension
A suspended license does not return on its own. Under Vehicle Code section 13353.4(b), the driver must pay all fees and file proof of financial responsibility first. The DMV page lists a $125 reissue fee and proof of insurance. For a driver under 21 suspended under the zero tolerance law, the fee stays at $100.
Proof of financial responsibility usually means an SR 22 that an insurer files. The guides on California DUI reinstatement and the California DUI SR22 walk through each step. Driving before reinstatement can lead to new charges, as the article on driving suspended after a DUI explains.
An Invented Example of the APS Timeline
This example is invented and does not describe a real case. Jordan is 34, holds a valid California license and has no prior DUI arrests or refusals. After an arrest on a Friday night, a breath test reads 0.10 percent. The officer serves the notice, takes the license and issues the temporary license on the same form.
Jordan’s notice shows an effective date 30 days out and the 10 day hearing deadline. Jordan now faces three decisions. One is whether to ask for a hearing on the three facts. Another is whether to seek an interlock restriction or wait for a work restriction. The third is the court case, where a conviction would add a concurrent suspension. The example shows only how the clocks line up.
Frequently Asked Questions
Does a California APS Suspension Begin on the Day of the Arrest?
No. It takes effect 30 days after the driver receives the notice. When the officer serves it at the arrest, the temporary license covers that gap. When the DMV mails it later, the 30 days run from that later service.
What Happens if the DMV Misses Its Decision Deadline?
The DMV must put the effective date on hold. Sections 13557(d) and 13558(e) require a stay when the review or hearing decision comes late. The DMV must also give the driver a document to show any officer that the privilege remains valid.
Can a Driver With an Interlock Restriction Ride a Motorcycle?
No. Section 13353.6(g)(5) bars motorcycle use during the restriction until the state certifies an interlock device for motorcycles. The IID installation in California guide covers service visits.
Is a DMV Hearing Required?
No. The DMV page says a driver does not have to request one. Without a hearing, the automatic review decides the matter.
Can One Arrest Lead to More Than One APS Order?
Yes. The DMV page says an officer who finds more than one APS violation may issue an order for each one.
The information here is general information about California DUI law, not legal advice. Laws change, and each situation depends on its own facts.