SAN DIEGO, CA – A DUI arrest in California can put a driver’s license at risk well before any criminal case is resolved, with the DMV able to act based on the arrest itself, the chemical test result, or an alleged refusal. San Diego DUI defense attorney Anna R. Yum of the Law Offices of Anna R. Yum (https://www.annayumlaw.com/blog/will-i-lose-my-license-after-a-dui/) outlines how the Administrative Per Se process works, the 10-day DMV hearing rule, restricted license options, and how a separate conviction-based suspension may apply.
According to San Diego DUI defense attorney Anna R. Yum, the DMV runs two separate license processes after a DUI arrest. The first is the Administrative Per Se, or APS, process based on the arrest, chemical test, or alleged refusal. For a first adult arrest with a completed chemical test showing a BAC of 0.08% or higher, the DMV may impose a four-month suspension without waiting for a court conviction. A first refusal or failure to complete the required post-arrest chemical test can result in a one-year suspension.
San Diego DUI defense attorney Anna R. Yum notes that the second process is conviction-based and applies only if the criminal case results in a DUI conviction. A first DUI conviction generally carries a six-month DMV suspension. If the court requires the longer DUI program, such as when the BAC was 0.20% or higher or the case involved a chemical-test refusal, that suspension can extend to 10 months. “A reduction to wet reckless or another non-DUI offense can avoid the conviction-based suspension, but it does not automatically undo an APS suspension from the arrest itself,” explains Yum.
Attorney Yum emphasizes that the 10-day DMV deadline is one of the most important post-arrest steps. The officer typically takes the California driver’s license at the scene and issues an Order of Suspension and Temporary License, valid for 30 days as long as the driving privilege is otherwise valid. The driver has 10 days from receiving that notice to request the APS hearing, and missing the window can cost the chance to challenge the administrative suspension before it begins.
The Law Offices of Anna R. Yum represents drivers in both the DMV hearing process and the criminal case, examining whether the officer had reasonable cause to believe the driver was under the influence, whether the arrest was lawful, whether the BAC test was properly administered, and whether the required procedures, including the 15-minute observation period before a breath test, were followed. The firm also reviews refusal cases for issues with the officer’s advisement and the circumstances of the alleged refusal.
The firm helps eligible drivers evaluate two restricted license options that may apply after a first-time adult non-refusal APS suspension. The IID restricted license allows driving anywhere in a vehicle equipped with an ignition interlock device once installation proof, DUI program enrollment, an SR-22 filing, and applicable fees are in place, with no hard suspension period if eligible and approved. The standard restricted license, often called the Employment/Treatment Program restriction, requires a 30-day hard suspension and limits driving to employment-related travel and DUI program travel, but avoids IID installation.
“The choice between the IID option and the standard restriction often comes down to how the driver uses a vehicle day to day,” notes Yum. “Both require an SR-22 filing and DUI program enrollment, but the driving freedom and waiting periods are different.”
The firm also handles the SR-22 process required before reinstatement or restricted license issuance. The SR-22 requirement typically lasts three years after a DUI-related suspension, and any lapse can result in the license being suspended again until acceptable proof is restored.
For drivers facing a license suspension after a San Diego DUI arrest, contacting a defense attorney as soon as possible can help preserve the 10-day deadline, identify grounds to challenge the suspension, and evaluate restricted-license options that may apply.
About Law Offices of Anna R. Yum:
Law Offices of Anna R. Yum is a San Diego-based criminal defense firm focused on DUI and other criminal matters. Led by founding attorney Anna R. Yum, a former Riverside County Deputy District Attorney, the firm represents drivers throughout San Diego County in DMV hearings, restricted license matters, and the criminal DUI process. For consultations, call (619) 233-4433.
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Website: https://www.annayumlaw.com/
Media ContactCompany Name: Law Offices of Anna R. YumContact Person: Anna R. YumEmail: Send EmailPhone: (619) 233-4433Address:1230 Columbia St #1140 City: San DiegoState: California 92101Country: United StatesWebsite: https://www.annayumlaw.com/
