California DUI 10-Day Rule

The California DUI 10-day rule refers to the strict deadline requiring drivers arrested for DUI to request a DMV Administrative Per Se (APS) hearing within 10 days of receiving a notice of license suspension. This rule operates independently of the criminal DUI court case and can result in an automatic driver’s license suspension if no hearing is requested on time.

For drivers arrested in Orange County, including Irvine, Newport Beach, Laguna Beach, Costa Mesa, and surrounding areas, understanding the 10-day DMV rule is critical to protecting driving privileges and preserving legal defenses under the California Vehicle Code.

Written by: Richard Wagner, Former Prosecutor & DUI Defense Attorney
Serving Orange County, California

What Is the 10-Day Rule for DUI in California?

California DMV Hearing Deadline Explained

Trusted DUI Defense Attorney Richard Wagner – Orange County, California
Serving Irvine, Newport Beach, Laguna Beach, Costa Mesa, Huntington Beach, Santa Ana, Tustin, and all surrounding Orange County communities

If you are arrested for DUI in California, one of the most important and often misunderstood rules you will face is the California “10-day rule.” This deadline has nothing to do with your court date and everything to do with protecting your driver’s license.

Many drivers in Orange County, including Irvine and Newport Beach, are shocked to learn that their license can be suspended before they ever step into a courtroom. Understanding the 10-day rule and acting on it immediately can make the difference between keeping your driving privileges and facing an automatic suspension.

What Is the California DUI 10-Day Rule?

The California DUI 10-Day Rule refers to the limited time you have to request a California DMV Administrative Per Se (APS) hearing after a DUI arrest.

Under California Vehicle Code § 13558, a driver has only 10 days from receipt of the Order of Suspension or Revocation to request a DMV hearing to challenge the suspension of their license.

If the hearing is not requested within 10 days, the DMV may proceed with an automatic license suspension, regardless of what happens later in court.

Why the 10-Day Rule Is So Dangerous for Orange County Drivers

In Orange County, driving is not optional. A suspended license can affect:

Employment and professional licensing
Commuting between Irvine, Newport Beach, Costa Mesa, and Santa Ana
School transportation and childcare
Medical appointments and family obligations

The DMV process moves much faster than the criminal court system. Many drivers mistakenly believe they can “wait to see what happens in court.” Unfortunately, by the time they realize their mistake, the DMV deadline has already passed.

DMV Case vs. Criminal DUI Case: Two Separate Battles

One of the most important concepts in California DUI law is that your DMV case is completely separate from your criminal court case.

Under California Vehicle Code § 13353.2, the DMV is authorized to suspend your license through an Administrative Per Se process based on the arrest alone — not a conviction.

This means:

You can win your DUI case in court and still lose your license at the DMV
You can lose the DMV hearing even if criminal charges are reduced or dismissed
Each case has different standards of proof and procedures

What Is an Administrative Per Se (APS) Suspension?

“Administrative Per Se” means the DMV can suspend your license automatically if certain conditions are alleged, including:

A BAC of 0.08% or higher (age 21+)
A BAC of 0.01% or higher (under 21)
A BAC of 0.04% or higher for commercial drivers
An alleged refusal to submit to chemical testing

These suspensions are authorized by California Vehicle Code § 13353.2(a).

Learn more about What is BAC and Can You Get a DUI With a BAC below .08%?.

When Does the 10-Day Clock Start?

In most Orange County DUI arrests, the officer will hand you a pink or white Order of Suspension/Temporary License (often Form DS-367).

The 10-day period begins the day you receive that notice, not your court date and not when you talk to an attorney.

If the notice is mailed instead, slightly different timing rules may apply but you should never rely on extra time. The safest approach is to act immediately.

What Happens If You Miss the 10-Day Deadline?

If no DMV hearing is requested within the statutory period:

Your license suspension will take effect automatically
You may lose the ability to contest the suspension
Your driving record will reflect the APS action
Restricted license options may be delayed or limited

This is why experienced DUI attorneys treat the 10-day rule as an emergency legal deadline.

What Issues Are Decided at a DMV APS Hearing?

Unlike a jury trial, a DMV hearing is conducted by a DMV hearing officer. The DMV must prove specific issues by a preponderance of the evidence, as outlined in California Vehicle Code § 13557(b)(3).

The key issues include whether:

The officer had reasonable cause to believe you were driving under the influence
You were lawfully arrested or detained
You were driving with a prohibited blood-alcohol concentration

If the DMV cannot meet its burden, the suspension should be set aside.

Suspension Lengths Under California Law

The length of a DMV APS suspension depends on your prior history.

First-Time DUI APS Suspension

Under California Vehicle Code § 13353.3(b)(1), a first-time offender with no qualifying prior actions within ten years faces a four-month suspension.

Prior DUI or APS Action Within 10 Years

Under California Vehicle Code § 13353.3(b)(2), drivers with prior DUI convictions or APS actions within ten years may face a one-year suspension.

Refusal Allegations and the DMV

Refusal cases are treated especially harshly.

Under California Vehicle Code § 13353, drivers accused of refusing or failing to complete a chemical test face mandatory DMV action, but still retain the right to request a hearing pursuant to § 13558.

These cases often involve complex factual and legal defenses and should be reviewed immediately by counsel.

Frequently Asked Questions – California DUI 10-Day Rule

What is the 10-day rule for DUI in California?

It is the deadline under California Vehicle Code § 13558 requiring a driver to request a DMV APS hearing within 10 days of receiving the suspension notice.

Is the DMV suspension separate from court?

Yes. DMV APS proceedings are civil and independent of the criminal DUI case under § 13353.2.

What happens if I miss the deadline?

The DMV may impose an automatic suspension without a hearing.

How long is a first DUI suspension?

Typically four months under § 13353.3(b)(1).

Orange County DUI Defense Help

If you were arrested for DUI in Irvine, Newport Beach, or anywhere in Orange County, the DMV 10-day clock may already be running.

Attorney Richard Wagner, a former prosecutor and experienced DUI defense attorney, helps clients protect their licenses and fight DUI charges throughout Orange County, Call Now: 714-403-6317. or schedule a free Consultation.

DUI Related Resources:

Legal Authorities

The following statutory authorities govern the California DUI 10-Day Rule and DMV Administrative Per Se proceedings:

California Vehicle Code § 13353.2(a)

Administrative Per Se License Suspension

“The department shall immediately suspend the privilege of a person to operate a motor vehicle…” (BAC thresholds, under-21, commercial, probation conditions)

California Vehicle Code § 13353(e)

Right to DMV Administrative Hearing

“The person may request an administrative hearing pursuant to Section 13558.”

California Vehicle Code § 13557(b)(3)

DMV Burden of Proof

Reasonable cause, lawful arrest, and prohibited BAC by a preponderance of the evidence.

California Vehicle Code § 13353.3(b)(1)

First-Time APS Suspension – Four Months

California Vehicle Code § 13353.3(b)(2)

APS Suspension With Prior DUI – One Year

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