Getting arrested for a DUI in San Diego is overwhelming. One of the biggest fears most people in this situation face is the possibility of losing their driver’s license. Whether it’s getting to work, school, or just living your daily life, driving is often essential. The good news? You may be able to avoid or reduce your license suspension if you act quickly and understand your legal options. If you are facing license suspension after a DUI in San Diego, call Sevens Legal at (619) 430-2355 for a free legal consultation.
Key Takeaways
• You must act fast after a DUI arrest — request a DMV APS hearing within 10 days to fight automatic license suspension.
• Winning your DMV hearing or fighting your criminal case can help you avoid or minimize the length of your license suspension.
• Even if your license is suspended, installing an IID and filing SR-22 insurance can allow you to continue driving legally.
• A strong DUI defense often involves challenging the stop, questioning test results, and exposing procedural mistakes.
• Hiring an experienced San Diego DUI attorney significantly improves your chances of keeping your driving privileges and reducing penalties.
This article breaks down the two main ways your license can be suspended after a DUI arrest in California and, most importantly, how to fight back.
DUI License Suspension Insights from a Skilled San Diego DUI Attorney
In the video above, San Diego criminal defense attorney Noah Huston explains the two key moments when your license can be suspended after a DUI arrest: the DMV Administrative Per Se (APS) hearing and a criminal court conviction. He also outlines important steps you can take — such as obtaining SR-22 insurance, installing an Ignition Interlock Device (IID), and enrolling in a DUI program — to regain driving privileges during a suspension. Watch the video for a quick overview before diving into the full details below.
Two Ways a DUI Can Result in License Suspension in San Diego
After a DUI arrest in California, your license is at risk in two separate legal tracks — one through the DMV and one through the criminal court system. Understanding both is critical to protecting your driving privileges.
1. APS Hearing at the DMV (Administrative Suspension)
The Administrative Per Se (APS) hearing is a DMV process that begins almost immediately after your DUI arrest. If you don’t take action within 10 days, the DMV will automatically suspend your license.
- If you lose the APS hearing, the DMV will impose a 4-month license suspension for a first-time offense.
- You may be eligible for a restricted license sooner if you comply with DMV conditions like SR-22 insurance and an IID.
If you were pulled over for suspected DUI, it’s crucial to understand the steps involved in a DUI investigation in San Diego — these details can become critical in your DMV defense.
2. Criminal Court Conviction (Additional Suspension)
Separately from the DMV process, the criminal court can impose its own license penalties:
- A 6-month license suspension may be issued by the DMV after a conviction or guilty plea.
- This can stack on top of the APS suspension unless successfully challenged.
Many drivers don’t realize that even if your court case is dismissed, you could still lose your license if you don’t fight the APS hearing.
What Happens at the DMV APS Hearing?
At your APS hearing, the DMV officer will evaluate whether:
- The arresting officer had reasonable cause to stop you
- Your BAC was 0.08% or higher
- You refused a chemical test, if applicable
Many drivers unknowingly damage their case by refusing a PAS or chemical test without understanding the consequences. Refusing a PAS test during a DUI arrest can lead to automatic license suspensions — even if you aren’t convicted in court.
At Sevens Legal, our San Diego DUI lawyers aggressively challenge evidence at APS hearings, exposing flaws in field sobriety tests, breathalyzer machines, and officer testimony.
Fighting a DUI Conviction to Minimize License Suspension in California
Even if you lose the DMV hearing, fighting your court case is critical. DUI convictions bring serious, lasting consequences beyond just losing your license. Here are some ways you can fight a California DUI conviction with the help of our San Diego criminal defense lawyers:
- Challenge the initial traffic stop legality
- Dispute the accuracy of field sobriety or chemical tests
- Present medical defenses (acid reflux, diabetes) affecting BAC results
- Negotiate for a “wet reckless” reduction or outright dismissal
Learn more about the lasting impacts of DUI charges in California and why mounting a strong defense can make all the difference for your future.
How to Keep Driving After a DUI Arrest in San Diego
Even if your license is suspended following a DUI arrest in California, there are still legal paths to stay on the road.
- Obtain SR-22 Insurance - After a DUI, the DMV will require you to file SR-22 insurance, proving you have the necessary liability coverage.
- Install an Ignition Interlock Device (IID) - In most cases, installing an Ignition Interlock Device allows you to drive even during your suspension period. California law has expanded IID eligibility to allow more DUI defendants to maintain limited driving privileges.
- Enroll in a DUI Program - Completing a DUI First Offender or Multiple Offender Program is required to get your license reinstated. Programs are mandatory whether you’re facing a first-time DUI or have prior offenses.
You can also read about how common DUIs are in California to understand why courts and DMV proceedings treat even first offenses so seriously.
What Is the Best Defense for a DUI in San Diego?
The best DUI defense in San Diego depends on the circumstances of your case, but often involves:
- Proving lack of probable cause for the traffic stop
- Attacking the credibility of field sobriety tests
- Highlighting improper police procedures
- Exposing faulty breathalyzer equipment
At Sevens Legal, we craft compelling defense strategies designed to target weaknesses in the state’s case against you, thereby increasing your chances of avoiding conviction and license suspension.
How to Obtain a Restricted License After a California DUI Arrest
After a DUI arrest in San Diego, you may qualify for a restricted license that lets you drive to work, school, and court-ordered programs. To qualify, you must:
- File proof of SR-22 insurance
- Pay DMV reinstatement fees
- Install an IID device, if required
- Enroll in a DUI education program
Navigating this process quickly is the key to limiting the impact of a DUI suspension on your daily life.
Is It Worth Fighting a DUI in California?
Yes, fighting a DUI is absolutely worth it. It’s important to remember that a California DUI conviction can lead to a number of serious penalties and consequences, including:
- Higher insurance rates
- A permanent criminal record
- A loss of professional licenses
- Immigration consequences for non-citizens
Aggressively fighting DUI charges can result in case dismissals or reduced penalties and may even save your license altogether. Learn more about what to do if you get pulled over for DUI in California to protect yourself early on in the process.
What Are the Odds of Winning the DMV Hearing?
Winning a DMV hearing is challenging — DMV officers tend to favor law enforcement evidence. However, having an experienced San Diego criminal defense lawyer on your side can greatly improve your odds. At Sevens Legal, we have successfully defended many DUI clients by challenging:
- BAC test errors
- Improper police procedures
- Violations of constitutional rights
Winning at the DMV hearing could mean no initial suspension, giving you valuable time to fight the criminal case.
Free San Diego DUI Defense Consultation
If you’ve been arrested for a DUI in San Diego, time is critical. At Sevens Legal, we offer a free, confidential consultation to evaluate your case, explain your options, and start building your defense immediately. Don’t risk your license or your future. Early intervention makes all the difference.
How to Contact Our Criminal Defense Attorneys
Ready to fight your DUI charges and protect your driving privileges? Call Sevens Legal at (619) 430-2355 to schedule your free legal consultation. We’re available 24/7 to provide trusted legal guidance and expert representation when you need it most.
FAQs About How to Avoid License Suspension After a DUI in San Diego
How can I avoid losing my license after a DUI in San Diego?
To avoid losing your license after a DUI in San Diego, you must request a DMV APS hearing within 10 days of your arrest and prepare a strong defense for both the DMV and criminal court. Working with an experienced DUI attorney can improve your chances of avoiding suspension, negotiating restricted driving privileges, and protecting your record early in the process.
What is an APS hearing, and why is it important?
An APS hearing is an administrative proceeding with the DMV that determines whether your license should be suspended after a DUI arrest, independent of the criminal court case. It’s crucial because winning the APS hearing can prevent an immediate suspension, allowing you to maintain your driving privileges while your criminal charges are resolved.
How quickly do I need to act after a DUI arrest in San Diego?
You must act within 10 calendar days of your DUI arrest to request a DMV APS hearing; otherwise, your license will be automatically suspended. Acting fast also gives your attorney time to gather evidence, request discovery, and start building a defense strategy before important deadlines pass.
Can I still drive with an IID after a DUI in California?
Yes, installing an Ignition Interlock Device (IID) allows you to legally drive even after a DUI-related license suspension. Once the IID is installed and you meet DMV requirements like SR-22 insurance and DUI program enrollment, you may qualify for a restricted license that lets you drive without major limitations.
What is SR-22 insurance, and how do I get it?
SR-22 insurance is a form filed by your insurer proving you carry the minimum required liability coverage after a DUI or other serious violation. Not all insurance companies offer SR-22 filings, so you may need to switch providers or use an agency that specializes in high-risk drivers to obtain the certificate and file it promptly with the DMV.
How can I get a DUI dropped in California?
A DUI can be dropped if your attorney successfully challenges the legality of the stop, exposes flaws in chemical testing, or proves violations of your constitutional rights. Sometimes prosecutors agree to dismiss DUI charges if key evidence is suppressed or if legal defenses weaken their ability to prove the case beyond a reasonable doubt.
Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every legal situation is unique, and the laws referenced may not apply to your specific circumstances. You should not act or rely on any information in this article without first consulting a qualified criminal defense attorney. To receive legal guidance tailored to your case, contact Sevens Legal for a confidential consultation.