--- title: "How Do You Request a DMV Hearing After a DUI in California?" description: "How to request a California DMV Driver Safety hearing after a DUI arrest, including the 10-day deadline, what to expect at the hearing, and restricted license options." url: "https://www.thehfirm.com/blog/how-do-you-request-a-dmv-hearing-after-a-dui" site: "H Law Group" published: "2026-07-06T00:00:00Z" --- # How Do You Request a DMV Hearing After a DUI in California? How to request a California DMV Driver Safety hearing after a DUI arrest, including the 10-day deadline, what to expect at the hearing, and restricted license options. Category: DMV Author: Bradey -- Bradey serves as an intake specialist at The H Law Group, guiding prospective clients through the first steps of their California criminal defense and DUI defense cases with professionalism and care. A DUI arrest in California sets off two separate legal processes at once, and most people only think about one of them. There's the criminal case, which plays out in court and can take months. And there's a much faster [administrative process at the DMV](/blog/everything-you-need-to-know-about-dui-dmv-hearing) that can end with your license suspended in 30 days, regardless of what happens in your criminal case, even if the charges are eventually reduced or dropped. The DMV process is called an Administrative Per Se (APS) action, and you have exactly **10 days from the date you're notified of the suspension** to request a hearing and stop the clock. Miss that window, and the DMV moves forward on the arresting officer's paperwork alone. No one calls you to remind you. This article walks through the deadline, the request process, what the hearing actually looks like, and where an attorney's involvement changes the outcome. ## The Two-Track System: DMV Hearing vs. Criminal Court When you're arrested for DUI in California and either test at or above the legal limit or refuse chemical testing, the arresting officer typically confiscates your physical license on the spot and hands you a pink form: the DS-367, "Administrative Per Se Suspension/Revocation Order and Temporary Driver License." That form does two things. It serves as your temporary license for 30 days, and it starts the clock on the DMV's separate administrative suspension process. This APS process is entirely independent of your criminal case. The DMV isn't deciding whether you're guilty of a crime. It's deciding whether to suspend your driving privilege based on the arresting officer's sworn statement and the chemical test results. That's why it's possible to win a hearing (or win at trial) and still have faced a suspension, or vice versa: the two systems run on [different rules, different standards of proof, and different timelines](/blog/what-is-the-difference-between-a-dmv-administrative-hearing-and-criminal-court-trial-for-a-dui). The DMV treats this administrative action as independent of any court-imposed jail sentence, fine, or other criminal penalty a driver may separately face. ## The 10-Day Deadline to Request a Hearing Under [California Vehicle Code Section 13558](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=13558), a driver who wants a hearing before the suspension takes effect must request it **within 10 days of receiving the suspension notice**, or within 14 days if the notice was mailed rather than handed to you at the time of arrest. This is a calendar-day deadline, not a business-day deadline, and it's one of the most commonly missed deadlines in California DUI defense. Not because people don't care, but because they assume the DMV suspension will wait for the criminal case to resolve. It won't. If you request the hearing within the window, you're entitled to a **stay of suspension**: your DS-367 temporary license stays valid and you keep driving legally until the hearing officer issues a decision, even if that decision comes after the original 30-day period would otherwise have expired. ## What Happens If You Miss the Deadline If no hearing is requested in time, the DMV proceeds on the paperwork already on file: the arresting officer's report and any chemical test results. The suspension automatically takes effect on the 31st day after the arrest. You lose the right to challenge the suspension administratively. Your only remaining options at that point involve the DUI program enrollment and restricted-license process described below, not a hearing on the merits of the stop or the test. ## How to Request a Driver Safety Hearing: Step by Step 1. **Find your DS-367 notice and confirm the date. **The 10-day (or 14-day, if mailed) clock runs from the date of receipt, not your court date and not the date you first speak with an attorney. 2. **Submit the hearing request immediately. **Requests can be made by phone, fax, or in writing to the DMV's Driver Safety Office; contact information and instructions are listed directly on the DS-367 form. The DMV's Driver Safety line is (833) 543-7703 for general hearing questions. 3. **Confirm the hearing format. **DMV Driver Safety hearings are currently conducted by videoconference (Microsoft Teams), by telephone, or in person at a local Driver Safety office, depending on scheduling and the office handling your case. 4. **Request the evidence packet. **You (or your attorney) can request the arresting officer's reports and chemical test documentation the DMV intends to rely on before the hearing date, so you know what you're responding to. ## What Happens at the DMV Hearing A DMV Driver Safety hearing is not a courtroom trial. There's no judge, no jury, and no prosecutor. It's an administrative proceeding in front of a DMV hearing officer, who is also the one deciding the outcome. Depending on which code section triggered your suspension, the hearing officer is generally limited to a narrow set of factual issues: whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether your BAC was at or above 0.08% (or you refused testing) at the time of the test. California's per se limits are 0.08% for drivers 21 and over, 0.04% for commercial drivers, and 0.01% for drivers under 21 under the state's zero-tolerance law. You (or your attorney) have the right to review the DMV's evidence, cross-examine any witnesses the DMV produces, and present your own evidence, including subpoenaing the arresting officer to testify. The hearing officer typically issues a written decision after the hearing rather than ruling on the spot, and that decision will either sustain the suspension, modify it, or set it aside entirely. If the ruling goes against you, you can request an administrative review or appeal to the California Superior Court. ## Driving While Your Case Is Pending: The IID Restricted License Even if a suspension is upheld, California's [Ignition Interlock Device (IID) pilot program](https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/statewide-ignition-interlock-device-pilot-program/) gives many drivers a path to keep driving. Under the program (which currently runs through December 31, 2032, and applies to violations from January 1, 2019 forward), first-time, non-injury offenders may voluntarily install an IID for up to six months to avoid a hard suspension period, or opt for a more limited employment/treatment restriction instead. Repeat offenders and anyone convicted of an injury DUI face mandatory IID installation, with required periods ranging from one to four years depending on prior convictions within the last 10 years. Separately, under Vehicle Code Section 13353.7, drivers who complete part of a hard suspension period may become eligible for a restricted license after enrolling in a state-licensed DUI program and providing proof of insurance (an SR-22). Eligibility rules vary by prior record, so confirm current requirements with your attorney or the DMV before assuming which restriction applies to you. ## Why Having an Attorney at the Hearing Matters A DMV hearing officer's job is narrow, but that narrowness cuts both ways: a hearing focused on a handful of specific factual issues means those issues need to be attacked precisely, with the right records requested in advance and the right questions asked of the officer if they're subpoenaed. An attorney handling both tracks of your case typically reviews the arrest report, the chemical test method and calibration records, and the basis for the traffic stop before the hearing, and coordinates the DMV strategy with whatever is happening in the criminal case so the two don't work against each other. ## Frequently Asked Questions ### Does requesting a DMV hearing affect my criminal DUI case? No. The DMV hearing and the criminal case are legally separate. What happens at one does not bind the other: you can win the DMV hearing and still face criminal charges, or vice versa. ### What if I already missed the 10-day deadline? You lose the right to a hearing on the suspension itself, but you may still qualify for a restricted license (including an IID restriction) once you enroll in a DUI program and meet the DMV's other requirements. Talk to an attorney promptly about which restricted-license path applies to your record. ### Do I need a lawyer to request a DMV hearing? No, you can request the hearing yourself, and you're allowed to represent yourself at it. Many drivers choose to have an attorney handle the request and appear at the hearing because the factual issues, evidence requests, and cross-examination questions are narrow and technical. ### How long does the DMV take to schedule and decide a hearing? Timelines vary by Driver Safety office and caseload. Because a timely hearing request triggers a stay of suspension, your temporary license generally remains valid throughout the process, even if the hearing itself is scheduled weeks or months out. ### Can I get my license back if I lose the DMV hearing? Possibly, through a restricted license under Vehicle Code Section 13353.7 or the IID program described above, depending on your prior record and whether you meet the DUI program and insurance requirements. ## DMV Hearing vs. Criminal Court: Key Differences - **What's decided: **DMV hearing rules only on your driving privilege; criminal court rules on guilt and criminal penalties. - **Who decides: **A DMV hearing officer vs. a judge (and potentially a jury) in criminal court. - **Standard of proof: **DMV uses a preponderance-of-the-evidence standard; criminal court requires proof beyond a reasonable doubt. - **Deadline to act: **The DMV hearing request is due in 10 days (14 if mailed); criminal court proceeds on the schedule set by the arraignment and court calendar. - **What's at stake: **The DMV hearing affects license suspension length and restricted-license eligibility; criminal court affects fines, probation, DUI program requirements, and potential jail time. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.