Were you arrested for DUI and handed a dated paper? Learn your license hearing deadline.
The DMV Hearing Deadline After a DUI Arrest, State by State
Find the arrest date on your citation and count: 21 of the 39 jurisdictions with a day count allow 10 days or fewer, 13 use 10 days, and some count from a notice or a mailing rather than the arrest. Choose your state in the free tool below and enter your arrest date to learn the day your window ends and the words of the cell it came from, then confirm it with the agency named on your notice.
Quick answer
Your window to request the license hearing after a DUI arrest can run from 6 days in Hawaii (after the administrative review decision is mailed) to 120 days in South Dakota (from arrest; refusal revocation only), and 13 jurisdictions use 10 days, the most common window. 21 of the 39 jurisdictions with a day count allow 10 days or fewer, while Nevada accepts a request any time during the revocation. In 6 states no request window applies to a failed test because a court handles the license, and the deadline for Alabama, Georgia, Indiana, New Jersey and Tennessee is not confirmed in the documents read for this guide. Each deadline was read from the statute or agency page on October 14, 2026.
Free tool
Enter your state and your arrest date to learn the day your window ends, or whether the deadline is not confirmed, with the source.
By the Legal Cost by State Editorial Team·Last updated and source-checked October 14, 2026
What to do next
1
Find your arrest date and the date on the notice
Both are on the citation and on any notice of suspension or temporary license the officer gave you, and both matter: 39 cells give a day count and only some name the event it runs from.
2
Enter your state and the arrest date in the free lookup
The result counts the day your window ends and quotes the cell it was read from, or tells you the deadline is not confirmed for 5 states.
3
Confirm the last day with the agency named on the notice
Where the count runs from a notice, a mailing or a decision rather than the arrest, the day moves, and the agency named on your notice is the one that can confirm it.
The deadline belongs to the license case, not the criminal one, and the two run on separate tracks.
The license action
Run by the state's licensing agency, or in some states by a court, on the test result or the refusal. The Governors Highway Safety Association lists an administrative suspension, one imposed before any conviction, in 50 of 51 jurisdictions, while its own overview counts 48 states and DC with one on a first offense, and the statute text read for this dataset shows West Virginia's revocation following a conviction and New York's court suspending the license at arraignment. The hearing reviews that suspension, and you have to request it within the window the statute sets.
The criminal case
Run by the prosecutor in a criminal court, on the charge itself. Its deadlines come from court rules and the court's own notices. An administrative suspension can start before the criminal case is decided.
Learn more. Tap a topic to open it.
Learn how many days each state allows you to request the hearing, grouped by length.
The table groups the 51 jurisdictions by the first day count their statute or agency page states; the state chart has each cell in full, with its source.
Window to request the hearing
Jurisdictions
Count
6 days
Hawaii
1
7 days
Alaska, Arkansas, Colorado, Connecticut, Idaho, Vermont and Washington
7
10 days
California, District of Columbia, Florida, Iowa, Maine, Maryland, Nebraska, New Mexico, North Carolina, North Dakota, Oregon, Utah and Wisconsin
13
14 days
Kansas and Michigan
2
15 days
Delaware, Massachusetts, Missouri and Texas
4
20 days
Wyoming
1
30 days
Arizona, Louisiana, Mississippi, Montana, New Hampshire, Ohio, Oklahoma and South Carolina
8
60 days
Minnesota
1
90 days
Illinois
1
120 days
South Dakota
1
Any time during the revocation
Nevada
1
No request window for a failed test
Kentucky, New York, Pennsylvania, Rhode Island, Virginia and West Virginia
6
Not confirmed
Alabama, Georgia, Indiana, New Jersey and Tennessee
5
"Not confirmed" means no statute or agency page that could be read stated a day count. It is a gap in the research, not a deadline of zero and not a sign that the state has none.
Learn which states count from the arrest, the notice or a mailing.
The number of days is only half of the rule; the other half is the event your count runs from. In Louisiana you have 30 days from the date of arrest (La. R.S. 32:667), and in South Dakota 120 days from arrest, for a refusal revocation only (SDCL 32-23-11). In New Hampshire the 30 days run from the date the notice is issued (RSA 265-A:31), and in Maine the 10 days from the effective date of the suspension (29-A M.R.S. 2483).
Mailing matters in three states. Hawaii's 6 days run from the mailing of the administrative review decision (HRS 291E-38), Oklahoma's 30 days from the mailing of the revocation notice (47 O.S. 6-211), and Wisconsin allows 10 days, or 13 when the notice came by mail (Wis. Stat. 343.305).
Learn the states where a court, not the DMV, hears the license question.
In Illinois you have 90 days to ask for a judicial hearing in circuit court on the statutory summary suspension (625 ILCS 5/2-118.1). Minnesota allows 60 days to petition for judicial review (Minn. Stat. 169A.53), Montana 30 days for a district court petition (MCA 61-8-1017), Ohio 30 days for a court appeal after the initial appearance (R.C. 4511.197), and Vermont 7 days for a hearing in the Criminal Division of the Superior Court (23 V.S.A. 1205). Mississippi's driver services page gives 30 days and directs the request to the court, with no DMV hearing.
In Kentucky, New York, Pennsylvania, Rhode Island, Virginia and West Virginia, the statute read for this guide sets no request window after a failed test. New York's court suspends the license at arraignment and the DMV schedules the refusal hearing itself (VTL 1193, 1194); Kentucky's pretrial suspension is ordered by a court (KRS 189A.200); West Virginia's DMV hearing statute shows as repealed, so revocation follows a conviction; Pennsylvania has no administrative suspension for a failed test, with 30 days to appeal a PennDOT suspension to court. In Virginia, court review can be requested during the 7-day administrative suspension (Va. Code 46.2-391.2).
Learn the places where the hearing window covers a test refusal only.
Three cells limit the hearing to a test refusal. Michigan's 14-day window applies to a refusal only (MCL 257.625f), South Dakota's 120 days to a refusal revocation only, and the District of Columbia's 10 days (15 for nonresidents) to a refusal revocation. The cells record no separate request window for a failed test in those three places.
Learn which states read "Not confirmed" and what that means for your count.
For Alabama, Georgia, Indiana, New Jersey and Tennessee, no statute or agency page read for this guide stated a day count (Georgia's driver services pages mention the appeal period without stating one). Each reads "Not confirmed" in the chart and the table above: a gap, not a deadline of zero.
Frequently Asked Questions
Tap a question to see the answer.
You can have from 6 to 120, depending on your state and the event your count starts from; 13 jurisdictions use 10 days.
Hawaii: 6 days from the mailing of the administrative review decision (HRS 291E-38). Next come Alaska, Arkansas, Colorado, Connecticut, Idaho, Vermont and Washington at 7 days.
California's DMV gives 10 days to request a hearing, Texas's Department of Public Safety 15 days under its Administrative License Revocation program, and Florida 10 days to request formal review of the suspension (Fla. Stat. 322.2615).
No. It reviews the license action; the criminal charge is decided separately, in criminal court, on its own schedule.
Arkansas (7 calendar days, per its Office of Driver Services) and Utah (10 calendar days, Utah Code 53-3-223) say so in the cell. The other cells give the number the source states.
6 states set no request window: Kentucky, New York, Pennsylvania, Rhode Island, Virginia and West Virginia. In each, a court orders or reviews the suspension, or the license action follows a conviction.
No statute or agency page read stated a day count for Alabama, Georgia, Indiana, New Jersey and Tennessee. It is a gap in the research, not a sign that the state has no deadline.
In Arizona you have 30 days to request the hearing (A.R.S. 28-1385). The same window applies in 7 other jurisdictions in this dataset.
From the statute on each legislature's site or the licensing agency's page; all 46 published deadlines rest on one of those. Each row of the state chart links its source. Checked on October 14, 2026.
Information on this page reflects laws and published figures as of October 14, 2026. This is general information, not legal advice, and not a prediction for any matter. Rules and fees change; check the court or agency page linked for each figure.
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