The DS-367 DUI suspension notice you were handed in California is two things on one pink sheet: notice that the DMV intends to suspend your driver license, and a temporary license that lets you keep driving for 30 days from the date of arrest. The date printed on the form starts a 10-calendar-day clock. Within those 10 days you must call the DMV Driver Safety Office to request an administrative hearing and ask for a stay of suspension. Miss that window and you lose both the right to challenge the suspension and any chance of driving past day 30.1California DMV. Driving Under the Influence
Your Pink Copy Is a Valid License for 30 Days
The officer took your plastic license at the scene and forwarded it to the DMV. The pink copy of the DS-367 you kept is a valid California driver license for 30 days from the date of arrest, carrying the same class and restrictions as the license it replaced. No fee, no extra paperwork, no special conditions.2California Highway Patrol. HPM 70.4 – Chapter 6 Administrative Per Se
Carry the pink copy every time you drive. It is your only proof that your driving privilege is still active, and an officer who pulls you over has no other way to verify your status on the spot.
At the end of the 30 days, the suspension takes effect automatically unless you have requested a hearing and been granted a stay. Scheduling a hearing alone will not extend your driving privilege past day 30; without a stay, the temporary license expires and you cannot drive, even if the hearing itself is still weeks away.3California Legislative Information. California Code Vehicle Code 13353.3 – Suspension of Privilege to Operate Motor Vehicle
Requesting a Hearing Within 10 Days
You have 10 calendar days from the date on the DS-367 to request an Administrative Per Se (APS) hearing with the DMV. The deadline is strict.1California DMV. Driving Under the Influence
Contact the DMV Driver Safety Office covering the jurisdiction where you were arrested. Regular DMV field offices cannot process hearing requests. You can reach Driver Safety through the online Driver Safety Portal, by phone, by fax, or by mail.4California DMV. Driver Safety Case Management Phone and the portal are the safer choices because both give immediate confirmation that your request was logged inside the 10-day window.
Have the DS-367 in front of you when you call. You will need your driver license number, the date of arrest, the arresting officer’s name and badge number, and the arresting agency. You will also be asked whether you want a telephonic or in-person hearing.
Ask for a Stay of Suspension
This is where people lose their license without realizing it. Requesting a hearing does not automatically extend your driving privilege past 30 days. You have to specifically ask for a “stay of suspension” during the same contact. Say the words. If you schedule the hearing and forget to request the stay, the DMV will not add one for you, and your license will lapse into suspension on day 31 regardless of when the hearing is set.
When the stay is granted, it freezes the suspension and gives you unrestricted driving privileges until the hearing is decided, however long that takes. The DMV will mail written confirmation of the hearing date and the stay. Keep that confirmation with you while driving alongside the DS-367 as proof your privilege remains intact past the initial 30-day window.
What the Hearing Decides
The APS hearing is an administrative proceeding about your driving privilege only. A DMV hearing officer, not a judge, reviews the evidence. It runs entirely separately from your criminal DUI case: winning the hearing does not affect the criminal case, and a criminal conviction does not depend on the DMV outcome.1California DMV. Driving Under the Influence
The issues at the hearing depend on whether you took the chemical test or refused it.
If you took a blood or breath test, the hearing officer decides three questions:
- Did the officer have reasonable cause to believe you were driving under the influence?
- Were you lawfully arrested, or lawfully detained if you were on DUI probation?
- Were you driving with a BAC of 0.08% or higher?
If you refused or failed to complete a chemical test, the first two questions are the same, and two more are added:
- Were you told that refusing or failing to complete the test would result in a one-year suspension or a two- or three-year revocation?
- Did you in fact refuse or fail to complete the test after being asked?
You can submit evidence, bring witnesses, and challenge the officer’s account. Common winning arguments include a lack of reasonable cause for the stop, an improperly calibrated BAC device, a breath-test observation period that was not followed, or an unlawful arrest. If the hearing officer rules in your favor, the suspension is set aside and the DMV restores your license.
How Long the Suspension Runs If You Lose or Don’t Act
If you never request a hearing, or you request one and lose, the length of the suspension depends on whether the case involves a test failure or a refusal and whether you have prior DUI-related offenses within the past 10 years.
For a BAC test failure, a first offense with no priors in the past 10 years is a four-month suspension. With one or more priors in that window, it becomes a one-year suspension. Drivers under 21 face at least a one-year suspension regardless of prior history.3California Legislative Information. California Code Vehicle Code 13353.3 – Suspension of Privilege to Operate Motor Vehicle
For a chemical test refusal, the penalties are steeper. A first-time refusal is a one-year suspension. A refusal with one prior DUI-related offense or administrative action in the past 10 years is a two-year revocation. Two or more priors in that window brings a three-year revocation.5California Legislative Information. California Code Vehicle Code VEH 13353 – Refusal of Chemical Test
Getting Your License Back
Reinstatement takes several steps. Skip any of them and your license stays inactive even after the suspension period runs out.
Reissue Fee
The DMV charges a $55 reissue fee to restore driving privileges after a DUI-related suspension.6California DMV. Licensing Fees
SR-22 Insurance Filing
You must file a California Insurance Proof Certificate (SR-22) with the DMV before your license can be reissued. The SR-22 is not a separate policy. It is a form your auto insurer files directly with the DMV certifying that you carry at least the minimum required liability coverage. California generally requires you to maintain the SR-22 filing for three years from the date of reinstatement. If it lapses at any point in that window, your insurer notifies the DMV and your license is suspended again.
DUI Education Program
Before issuing a restricted or reinstated license, the DMV requires proof of enrollment in, or completion of, a state-licensed DUI education program. Program length depends on the offense. A first-time conviction with a BAC below 0.20% generally calls for a three-month program. A BAC of 0.20% or higher, or a test refusal, requires a nine-month program. Repeat offenders face 18-month or 30-month programs. Costs vary by county and length.7California DMV. Statewide Ignition Interlock Device Pilot Program
Ignition Interlock Device Option
California’s statewide IID program runs through December 31, 2032. It gives first-time APS offenders the option to install an ignition interlock device and skip the suspension period entirely. For a first-time non-refusal offense, the optional IID restriction lasts up to four months. For a repeat non-refusal offense, it lasts up to one year. First-time offenders who do not choose the IID option can instead apply for a restricted license limited to driving to work and to the DUI program, for up to one year.7California DMV. Statewide Ignition Interlock Device Pilot Program
Going the IID route adds $103 in administrative service fees on top of the $55 reissue fee. The device must be calibrated and inspected by a certified installer at least every 60 days. Miss a calibration and the installer reports non-compliance to the DMV, which suspends or revokes your driving privilege again.7California DMV. Statewide Ignition Interlock Device Pilot Program
First-time offenders whose DUI resulted in injury face a mandatory one-year IID installation upon conviction, not an optional one. Repeat offenders must serve at least one year of their suspension before becoming eligible for an IID-restricted license.
Mistakes That Cost People Their Driving Privileges
The 10-day hearing deadline catches more people off guard than anything else on the form. Ten calendar days is a short window when you are also arranging bail, hiring a criminal attorney, and processing the arrest itself. Mark the deadline the moment you look at your DS-367.
Not asking for the stay of suspension is the second most common mistake. Many people call the Driver Safety Office within the 10 days, get the hearing scheduled, and assume their license stays active until that hearing date. It does not, unless the phrase “stay of suspension” was part of the request. The DMV will not volunteer it.
Letting the SR-22 lapse after reinstatement is the mistake with the longest tail. If your insurer cancels or fails to renew the filing at any point during the three-year maintenance period, the DMV suspends your license again and you start reinstatement over. Set up autopay and calendar reminders well ahead of each renewal date.