Answer FileDUI Defense

Why do I only have 10 days after a DUI arrest in California?

The answer, cited

Because the DMV moves faster than the court. A California DUI arrest starts two separate cases: the criminal prosecution and the DMV's "administrative per se" license suspension under Vehicle Code section 13353.2 for driving with a blood-alcohol concentration of 0.08% or higher. At arrest, the officer typically confiscates the license and issues a pink temporary license that doubles as a suspension notice. You then have ten days to request a DMV hearing; if you do not, the suspension takes effect automatically 30 days after arrest — regardless of what later happens in court. Requesting the hearing stays the suspension until the hearing is decided and forces the DMV to prove the lawfulness of the stop, the arrest, and the test result. The criminal case proceeds independently, with its own license consequences on conviction (Vehicle Code section 13352). Restricted and ignition-interlock licenses can preserve driving to work during a suspension.

Authority: Cal. Veh. Code § 13353.2

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