How Long Does the DMV Take for a DUI Decision? Find out what time limits the DMV must render a decision in an Admin Per Se (APS) hearing from a DUI.
As discussed elsewhere on our site, the DMV has jurisdiction over your driver’s license in a DUI case, and the DMV will render a decision after what is called an Administrative Per Se (APS) hearing in a DUI case. At the hearing, the issues of whether there was reasonable probable cause, whether the officer followed the proper procedures under the Government Code and other laws to place the driver under lawful arrest, and whether they can prove that the license holder was both driving, and above a .08% blood alcohol level at the time of driving – not just at the time of the later testing.
The DMV has a hearing officer manual that covers procedures for hearings. Officers are hired to render DMV decisions, and act as both judge and jury in cases, deciding what evidence comes in to be considered, and what final decision will be rendered.
California’s Vehicle Code section 14100, and the sections that immediately follow that section, cover hearings. Vehicle Code section 14500 requires a finding of fact and a decision after the hearing. At almost all hearings, the hearing officer will rules on any objections to the evidence, but will not render a hearing right away, rather waiting until later to mail a written decision.
How Long Does the DMV Take for a DUI Decision? Generally, drivers get a decision in a week or two, but sometimes the decision can take up to a month.
Government code 11517(a)(3) requires that decisions be made within 100 days of the final hearing date and the “submission of the evidence.” However, the Government Code section suggests that hearings regarding driver’s licenses should be made more rapidly than that. The reason for that is because, in addition to the Vehicle Code section 14105 time limits, the code states that the decision should take place from 4 days to 15 days after the hearing is concluded.
So How Long Does the DMV Take for a DUI Decision? Under the law, Vehicle Code section 14112 would control the issue, even though it is admittedly in conflict with California’s Government Code section 11517(a)(3).