San Diego Attorney Explains 10-Day Deadline to Protect Driving After DUI Arrest

DUI defense lawyer Anna R. Yum outlines the urgent administrative process to request a DMV hearing and preserve driving privileges.

Mar. 31, 2026 at 2:22am

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An extreme close-up photograph of a car key and ignition switch against a pitch-black background, lit by a harsh, direct camera flash, conceptually representing the urgent administrative process for DUI defendants to protect their driving rights.The 10-day deadline to request a DMV hearing is a critical but often overlooked step for DUI defendants seeking to preserve their driving privileges.San Diego Today

Drivers arrested for DUI in California face a critical 10-day deadline to request a DMV hearing and challenge a potential license suspension, according to San Diego DUI defense attorney Anna R. Yum. Failing to meet this deadline can result in an automatic 30-day license suspension, even if the individual is later found not guilty in criminal 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 outcome. This deadline is a common pitfall that many DUI defendants overlook until it's too late.

The details

Under California law, individuals must request a DMV Administrative Per Se hearing within 10 calendar days of being served the order of suspension at the time of a DUI arrest. Requesting the hearing and a stay of the suspension is critical, as the temporary license expires after 30 days and the suspension takes effect automatically without these steps. The DMV hearing examines whether the officer had reasonable cause, the arrest was lawful, and the driver's blood alcohol was 0.08% or higher. If the DMV fails to prove any of these, the suspension can be set aside.

  • Drivers have 10 calendar days from the date of arrest to request a DMV hearing.
  • The temporary license issued at the time of arrest expires 30 days after the arrest.

The players

Anna R. Yum

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

California Vehicle Code § 13558

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

California Vehicle Code § 13353.2

The state 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

Individuals 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 understanding the separate DMV administrative process and 10-day deadline to challenge a potential license suspension, even if the criminal DUI case has not yet been resolved.