APS Hearing
The hearing gives you the opportunity to challenge DMV's administrative suspension or revocation.
Orange County Criminal Defense Attorney
Tustin, California Call (714) 589-3063
The old process of finding the closest Driver Safety Office, calling local numbers and faxing a hearing request is largely obsolete.
California DMV now provides a Driver Safety online case-management system that allows drivers and attorneys to request DUI-related APS and chemical-refusal hearings, upload documents, schedule hearings and receive case information online.
The easiest current method is to use the California DMV Driver Safety online case-management portal.
Drivers can create or sign into a MyDMV account, select the option to request a Driver Safety hearing, choose the DUI-related reason “Admin Per Se or Chemical Test Refusal,” enter the arrest information, upload the law-enforcement paperwork and submit the hearing request.
Attorneys can use the same Driver Safety system through the attorney portal to request hearings, upload representation documents, request discovery, communicate electronically and manage hearing dates.
For years, the process depended heavily on the geographic Driver Safety office.
DMV has moved Driver Safety toward centralized digital case management.
If you handled an Orange County DUI several years ago, you may remember being told to contact the Orange Driver Safety Office directly.
That was the old local-office model.
Today, DMV directs drivers and attorneys first to its online Driver Safety case-management system. DMV's current public Driver Safety office page lists El Segundo as the office for direct office contact and mail.
This is the paperwork commonly issued after the officer takes your physical California driver's license following a DUI arrest.
Have your driver's license number, arrest date, arresting agency and law-enforcement paperwork available.
Sign in or create a MyDMV account.
Select the option to request a Driver Safety hearing.
For an ordinary DUI APS case or chemical-test refusal case, select the DUI-related hearing option for:
Admin Per Se or Chemical Test Refusal.
The system will ask for information such as the date and city of arrest, law-enforcement agency and other identifying information.
Upload the available law-enforcement documents and submit the request.
DMV may present available hearing dates through the portal. Once the request is accepted, save or print the confirmation showing the case number, hearing information and submission.
Make sure you receive confirmation that the hearing request was actually submitted.
The hearing gives you the opportunity to challenge DMV's administrative suspension or revocation.
When appropriate, request a stay so the administrative suspension does not take effect while the timely requested hearing is pending.
Request DMV's evidence so you can review the officer's sworn report, chemical-test evidence and other documents being relied upon.
This is an example of the type of APS hearing request letter I used to send to Driver Safety.
The core information is still useful:
What has changed is how the request is transmitted. I no longer treat faxing the closest Driver Safety office as the normal workflow.
If you cannot complete the request through the online system or need direct Driver Safety assistance, DMV's current public office page lists El Segundo as its direct Driver Safety contact location.
Email: [email protected]
Phone: (833) 543-7703
Mail / Office:
El Segundo Driver Safety Office
390 N. Pacific Coast Highway
Suite 2075
El Segundo, CA 90245-4470
My current practice is to use the digital system first and written electronic communication when needed rather than relying on the old local-office fax system.
A written request does not need to be complicated. The important part is making it clear who the driver is and exactly what is being requested.
“I am requesting a timely Administrative Per Se hearing regarding the suspension/revocation arising from my DUI arrest. I also request a stay of the administrative action pending the hearing and a copy of the Department's discovery.”
Include identifying information and keep proof that the request was submitted.
DMV states that an Order of Suspension and Temporary License generally allows a California driver to continue driving for 30 days from the date the order was issued, assuming the license was otherwise valid and the driving privilege is not suspended or revoked for some other reason.
That 30-day temporary license should not be confused with the 10-day hearing-request deadline.
10 days:
Deadline to timely request the DMV administrative hearing.
30 days:
The typical temporary driving period shown on the Order of Suspension and Temporary License.
Waiting until day 30 to deal with the hearing is a major mistake.
DMV decides whether the administrative suspension or revocation of the driver's license should be imposed.
The hearing is conducted through Driver Safety, not the criminal courthouse.
The district attorney prosecutes the criminal DUI charge in court.
Court dates, plea negotiations and criminal sentencing are separate from the DMV administrative proceeding.
The issues depend on the type of administrative action.
Depending on the case, issues can include whether the officer had a lawful basis for the stop, detention or contact leading to the arrest.
DMV may consider whether the officer had reasonable cause to believe the driver was operating a vehicle in violation of California DUI laws.
Depending on the action, the hearing may involve BAC evidence or whether a chemical-test refusal or failure was legally established.
The hearing is the opportunity to contest DMV's administrative action against your driving privilege.
DMV discovery can include documents and evidence that are also useful in evaluating the criminal DUI case.
A timely hearing request preserves the driver's ability to challenge the administrative action rather than allowing the suspension to proceed uncontested.
DMV generally requires the DUI administrative hearing request within 10 days of receipt of the suspension or revocation order. Because the notice is usually served at the time of arrest, drivers should act immediately rather than trying to calculate the final possible day.
No. DMV now provides a Driver Safety online case-management system that allows drivers and attorneys to request hearings and upload documents digitally. The old local-office fax workflow should no longer be treated as the normal method.
That was the older system. DMV now directs drivers and attorneys toward its centralized Driver Safety online system. Its current public office page lists El Segundo as the office for direct Driver Safety contact and mail.
Yes. DMV's Driver Safety case-management system allows DUI-related Admin Per Se and chemical-test-refusal hearing requests to be submitted online.
A stay may be requested in connection with a timely hearing request. Whether a stay applies depends on the administrative action and timing of the case.
Yes. Discovery can be requested in connection with the Driver Safety case. The evidence may include the officer's sworn documents, chemical-test material and other records DMV intends to rely upon.
DMV generally states that the Order of Suspension and Temporary License allows driving for 30 days from issuance if the driver otherwise has a valid driving privilege. That does not extend the separate 10-day hearing-request deadline.
You may lose the automatic right to a timely administrative hearing. If the deadline has already passed, act quickly and determine whether DMV will consider a late request based on the circumstances.
No. The DMV Driver Safety proceeding concerns the administrative action against your license. The criminal DUI case is handled separately in court.
DMV currently lists Driver Safety's main contact number as (833) 543-7703.
Request hearings, manage cases and upload information online.
Open Driver Safety Portal →DMV's official DUI information, hearing rights and administrative process.
DMV DUI Information →Current contact information for California DMV Driver Safety.
Driver Safety Contact →
The DMV administrative case starts separately from the criminal DUI case. Requesting the hearing promptly preserves the opportunity to challenge the license action.
If you have the pink suspension notice, citation, booking paperwork or chemical-test information, have those documents available when we speak.