DUI DMV Hearing in California: What to Expect & Your Options for a Restricted License

Serving Clients in San Bernardino, Riverside, Los Angeles, and Orange Counties

Being arrested for a DUI in California can lead to a license suspension, but you have options to fight the suspension or qualify for a restricted license. The DMV Administrative Per Se (APS) process is separate from your criminal case and requires immediate action.

At The Law Offices of Kirk Tarman & Associates, we have over 25 years of experience helping clients in San Bernardino, Riverside, Los Angeles, and Orange Counties navigate DMV hearings, challenge DUI suspensions, and apply for restricted licenses.

What Happens After a DUI Arrest?

When arrested for DUI, the officer will:

✔ Take your driver’s license and issue a temporary 30-day license (pink slip).
✔ File a DS-367 (Officer’s Statement) form with the DMV, triggering an automatic license suspension.
✔ Inform you that you have 10 days to request a DMV hearing to challenge the suspension.

If you do nothing, your license will be automatically suspended after 30 days.

🔗 Official DMV page on DUI Arrests & Administrative Per Se (APS) Process:
 

DUI DMV Hearing: What to Expect

The DMV hearing is not a criminal trial—it is an administrative process that determines whether your license will be suspended. It focuses on three key questions:

1. Did the officer have reasonable cause to stop you?
2. Were you lawfully arrested?
3. Was your BAC 0.08% or higher (or 0.04% for commercial drivers)?

How to Request a DMV Hearing

✔ You must request your hearing within 10 days of your arrest.
✔ Call or visit a DMV Driver Safety Office to schedule the hearing.

🔗 Find Your Nearest DMV Driver Safety Office Here:
 

How to Win a DMV Hearing

Your DUI lawyer can challenge the suspension by arguing:

✔ Lack of probable cause – The officer had no legal reason to stop you.
✔ Faulty breathalyzer or blood test – The device was not calibrated properly.
✔ Illegal arrest – If your constitutional rights were violated.

If you win the DMV hearing, your license will not be suspended. If you lose, you still have options!

Options for a Restricted License

If your license is suspended, you may still qualify for a restricted license, allowing you to drive under specific conditions.

Option 1: Ignition Interlock Device (IID) Restricted License

🔹 Who Qualifies?
✔ First-time and repeat DUI offenders.

🔹 Requirements:
✔ Install an IID (Ignition Interlock Device) in your vehicle.
✔ Obtain SR-22 insurance.
✔ Enroll in a DMV-approved DUI program.
✔ Pay the reissue fee to the DMV.

🔹 Benefits:
✔ Allows unrestricted driving—you can drive anywhere.
✔ Available immediately after conviction (no waiting period).

🔗 Official DMV Page on IID Restricted Licenses:

Option 2: Work/School Restricted License (Non-IID Option)

🔹 Who Qualifies?
✔ First-time DUI offenders.

🔹 Requirements:
✔ Complete a 30-day hard suspension (no driving at all).
✔ Obtain SR-22 insurance.
✔ Enroll in a DUI program.
✔ Pay the reissue fee to the DMV.

🔹 Restrictions:
✔ Only allows driving to and from work, school, and DUI classes.
✔ Not available for second-time DUI offenders.

🔗 Official DMV Page on Non-IID Restricted Licenses:
 

Steps to Apply for a Restricted License

1️⃣ Confirm Your Eligibility
Check with the California DMV or your attorney.

2️⃣ Enroll in a DMV-Approved DUI Program
🔗 Find an Approved DUI Program Near You:
 

3️⃣ Obtain SR-22 Insurance
🔗 California DMV Guide to SR-22 Insurance:

4️⃣ Install an Ignition Interlock Device (IID) (If Required)
🔗 Find a DMV-Approved IID Provider:
 

5️⃣ Pay the DMV Reissue Fee & Submit Documents

We Recommend Breath Easy Insurance for SR-22 & IID Needs

Obtaining SR-22 insurance and installing an Ignition Interlock Device (IID) is required for most restricted license applicants. We recommend Breath Easy Insurance for their fast and reliable service in handling high-risk auto insurance and DUI-related IID requirements.

🔹 Why Choose Breath Easy Insurance?
✔ Specializes in SR-22 insurance policies for DUI offenders
✔ Works directly with California DMV to ensure compliance
✔ Quick approval process to get you back on the road faster
✔ Affordable rates and multiple payment options

🔗 Visit Breath Easy Insurance to Learn More:
 

Why You Need a DUI Attorney for Your DMV Hearing

Fighting a DMV license suspension and securing a restricted license can be complex. An experienced DUI lawyer can:

✔ Represent you at your DMV hearing.
✔ Challenge BAC test results and police procedures.
✔ Help you qualify for a restricted license.

At The Law Offices of Kirk Tarman & Associates, we have successfully defended DUI clients in San Bernardino, Riverside, Los Angeles, and Orange Counties for over 25 years.

📞 Call us today at (909) 658-7341 for a free consultation. 🔹 Your driving privileges and future are worth fighting for!