US-CaliforniaCan my license be suspended for a DUI even before conviction?
Yes, your California driver's license can be suspended before conviction due to an administrative DMV hearing triggered by a DUI arrest.
What the Law Says
California law allows the Department of Motor Vehicles (DMV) to suspend or revoke a driver’s license administratively — separate from any criminal court case — after a DUI arrest. This is called an Administrative Per Se (APS) action.
When you're arrested for DUI in California, the officer must serve you with a notice of potential license suspension at the time of arrest. This triggers an automatic administrative process run by the DMV — not the courts.
The DMV may suspend your license if: (1) you drove with a BAC of 0.08% or higher (0.04% for commercial drivers, 0.01% for under-21 or on probation), or (2) you refused to take a chemical test (breath or blood).
You have only 10 days from the date of arrest to request a DMV hearing to challenge the suspension. If you miss that deadline, the suspension begins automatically after 30 days — even if your criminal case is still pending or results in dismissal.
Statutory TextIf a person is arrested for driving under the influence of alcohol, the department shall suspend the person's privilege to drive a motor vehicle for a period of one year if the person refuses, upon the request of a peace officer, to submit to, or fails to complete, a chemical test.
— Vehicle Code § 13353.2 — Suspension for refusal
Statutory TextThe department shall suspend the person's privilege to operate a motor vehicle for a period of four months if the person was 21 years of age or older at the time of the alleged offense and had a blood alcohol concentration of 0.08 percent or more.
— Vehicle Code § 13353.2 — Suspension for BAC ≥ 0.08%
What to Do
Request a DMV Administrative Per Se (APS) hearing within 10 days of your arrest — call 1-800-777-0133 or submit online at dmv.ca.gov.
Gather evidence before the hearing: dashcam footage, witness statements, medical conditions affecting breath test accuracy, or officer procedural errors.
Attend the hearing (in person, by phone, or video); you may represent yourself or hire a lawyer.
If the DMV suspends your license, you may be eligible for a restricted license after 30 days (if no prior DUIs in 10 years and you enroll in a DUI program).
Remember: winning the DMV hearing does not affect your criminal case — and vice versa.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.