Drivers have 10 calendar days from the date the Notice of Suspension is issued, including weekends and holidays, to contact the DMV and request a hearing, known as an Administrative Per Se hearing (“APS hearings”). Failure to contact the DMV within that time and submit a DMV hearing request results in the loss of the right to be heard. Subsequently, the driver’s license will automatically be suspended once the 30-day temporary license expires. APS hearings take place at the California DMV Driver Safety Office and are conducted by DMV hearing officers who act as both the judge and prosecutor in the proceeding. The issues determined at the San Diego DMV hearing will depend on whether the driver submitted or refused to submit to chemical testing of his or her blood or breath. Fifth Amendment protections do not apply in this setting, and drivers may be called as witnesses by the hearing officer. While drivers have the right to present a defense, APS hearings are not criminal.