DMV admin per se: renewed hearing request when DUI charges not filed or dismissed for insufficient evidence (one year from arrest)
12 months after date of arrest, under Veh. Code 13353.2(e).
Rule text
Veh. Code 13353.2(e): "Notwithstanding subdivision (b) of Section 13558, if criminal charges under Section 23140, 23152, or 23153 are not filed by the district attorney because of a lack of evidence, or if those charges are filed but are subsequently dismissed by the court because of an insufficiency of evidence, the person has a renewed right to request an administrative hearing before the department. The request for a hearing shall be made within one year from the date of arrest."
Calculate this deadline
- Trigger (Date of arrest): Friday, November 6, 2026.
- Add 12 months: Saturday, November 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Veh. Code 13353.2(e)
Veh. Code 13353.2(e): "Notwithstanding subdivision (b) of Section 13558, if criminal charges under Section 23140, 23152, or 23153 are not filed by the district attorney because of a lack of evidence, or if those charges are filed but are subsequently dismissed by the court because of an insufficiency of evidence, the person has a renewed right to request an administrative hearing before the department. The request for a hearing shall be made within one year from the date of arrest."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- One year = 12 months from the arrest date. Applies only to 13353.2 (0.08 / 0.04 / under-21 / probation) suspensions where charges were not filed or were dismissed for insufficient evidence. Weekend roll by Gov. Code 6707 / CCP 12a (not stated in the statute).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of arrest on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.
- Trigger (Date of arrest): Monday, March 15, 2027.
- Add 12 months: Wednesday, March 15, 2028.
Notes
One year = 12 months from the arrest date. Applies only to 13353.2 (0.08 / 0.04 / under-21 / probation) suspensions where charges were not filed or were dismissed for insufficient evidence. Weekend roll by Gov. Code 6707 / CCP 12a (not stated in the statute).
Related deadlines
- APA: object to place of hearing (10 days after notice of hearing served) (10 days after)
- Cal/OSHA Appeals Board: request for interpreter (10 working days before date needed) (10 court days before)
- OTA: appellant response to notice of oral hearing (15 days from mailing of notice) (15 days after)
- DMV admin per se: request administrative hearing to be decided before suspension takes effect (10 days after receipt of notice) (10 days after)
- DMV admin per se: officer-issued temporary driver license expires (30 days from arrest) (30 days after)
- ALRB: post-hearing brief to ALJ when no transcript ordered (20 days after close of hearing) (20 days after)
- ALRB: post-hearing brief to ALJ when transcript ordered (20 days after postmark of last transcript volume) (20 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.