How do I schedule a hearing?
When arrested for a DUI in California, the subsequent process may seem daunting, particularly when your driving privileges are suspended. However, there is an avenue to protect your right to drive, and it involves requesting a formal administrative hearing, commonly referred to as an APS Hearing. This article breaks down the easy 4-step instructions on how to request a DMV hearing after a DUI arrest.
If you have been arrested for a DUI in California and received the pink temporary license indicating that your driving privileges have been suspended, you must contact a DMV Driver Safety Office within ten days of receiving the notice to request a formal administrative hearing. This is also known as an APS Hearing.
When you make the phone call to your local driver safety office. You should have your California Driver License ready when you call. In addition, you should have the officer name, badge number, and agency arrest number. This information can be found on the pink piece of paper that was given to you.
After you have Prepareed For A DMV Hearing, you will get a call from the Driver Safety Office. There will be 2 people on the phone. One is called a trier of fact and the other is an advocate. They both work for th DMV despite them seeming independent.
You will be allowed to present evidence and witnesses to prove that the suspension should not apply because there was no reasonable suspicion for the officer to initiate the stop, no probable cause to arrest or you were not over .08.
It’s important to request a DMV hearing after a DUI to preserve your driving privileges and get evidence on your case. The following steps need to be done within 10 days of you getting arrested.
What if I do not appear at the hearing?
If you ask for a hearing and fail to show up at the hearing, your license will be suspended. Depending on your DUI and what you were facing, the stay on your suspension will be lifted and the suspension will be reimposed.
The following steps need to be done within 10 days of you getting arrested.
Total Time: 20 minutes
Get Your Pink license that was given to you.
This is the temporary license that was given to you when the officer took you origiinal one. It is good up to 30 days and has your driver license number and date of arrest. You will need it to request a DMV hearing after a DUI.
Find Number of the Closest Driver Safety Office. (DSO)
Do not go to the local DMV request a DMV hearing after a DUI. You will burn day waiting in line for nothing. You need to either call the 916 number at the top of your pink license or the local driver safety office. List Here.
Be assertive
DMV Driver safety Office receptionist are known to try to talk you out of making a hearing request a DMV hearing after a DUI. You need to let them know you want the hearing.
Write Down Date and Time of hearing.
You will get police report within 4 weeks once you request a DMV hearing after a DUI. Once you get the police report, you can bring it to an attorney for the purpose of reviewing and finding your options.
Will I be able to fax in request for a DMV hearing after a DUI if it is the weekend?
Yes. You will be able to fax it in. Each driver safety office has a fax number. There are circumstances where you will not be able to do it by phone. For example, the line is busy or the last days falling on a Saturday or Sunday.
My Temporary license has expired after I requested a DMV hearing after a DUI. Can I still drive?
Yes. You will still be able to drive during the pendency of the hearing. The privilege to drive is good so long as there is no decision on the hearing yet. During this time you will be given a temporary license after your pink license expires.
Can I get anything else beside the police report once I request a DMV hearing after a DUI?
Yes. The Subpoena is available to you. Subpoena forms can be found on our tools and resource page. By using the subpoena you can get additional items that pertains to your DUI case. These other items include.
1) Audio 2) Video 3) Breathe logs 4) Computer Aided Dispatch 5) Machine Maintenance
How Can I get back on road once my license is suspended?
You can get back on the road as soon as the license suspends by following these steps.
Phone request
If you choose to do this by phone then you will need to call the local Driver Safety Office and talk with the technician.. These are not to be confused with the field offices where you would get your driver license and other services. The most important thing to do here is to ask for a name. Also it is important to not ask for advice from them as they will try to tell you a hearing is not necessary and that you would get a DUI anyway. As a reminder it is important that you get this license so you can get the stay and continue driving.
Often times, the DMV Technician will try to persuade you not to get the hearing, but you need to stay firm. In addition, when you get the date it is important that you write it down the date and time. The Driver Safety Office you call will depend on where you got arrested. For example, if you were arrested anywhere in Orange County then you would call the Orange County Driver Safety Office in Orange. If you were arrested in Los Angeles then your hearing can be anywhere in either the Covina, El Segundo or Commerce Driver Safety office. Their phone numbers are available on our resource page.
Fax request
This process is straightforward and is my preferred method. You must send a fax to the Department of Motor Vehicles (DMV) at least 10 days before your court date. If you don’t, you’ll lose the right to fight your suspension. If you send it in then you get the fax number of your local driver safety office here.
https://www.dmv.ca.gov/portal/driver-education-and-safety/driver-safety-offices/
You need to be sure you are requesting an APS hearing and that you have been arrested for a DUI. If you like, we have a sample letter on the resource page.
Benefits of a Stay and DMV Hearing for DUI
A stay of suspension allows you to continue driving for the pendency of the hearing. The hearings in Orange County are set out about 60 days. If you get a stay, you won’t lose your license immediately.
The bottom line is that if you are arrested for a DUI and given a pink temporary license you can use the hearing process to get a Stay. You must first either call or fax in your request at the local driver safety office. In addition, you can also use this time to buy yourself more time to talk to a DUI attorney for your case.
If you like, you can also call the Driver Safety Office below Directly and hit extension 3 to make an APS hearing.
Orange – 714- 703-2511
Covina: 626-974-7137
El Segundo – 310-615-3500
Commerce – 323-724-4000
Which DMV Office to call for a Stay and a Hearing
You should always go to a driver safety office that is closest in proximity to your arrest. It is difficult to chose between El Segundo and Commerce. So you may have to call and talk with the rep to find out if you are at the right one.
Securing a DMV hearing after receiving a DUI can be an instrumental step in preserving your driving privileges and collecting evidence beneficial to your case. It is paramount to act promptly, with a window of just ten days post-arrest to initiate this process. Being prepared and understanding the nuances can not only provide you with a temporary respite but also offer you ample time to consult with a DUI attorney to best navigate the complexities of your case.
