How to Request a California DMV Administrative Hearing

Requesting a DMV administrative hearing is the single most important step after a DUI arrest in California. This guide walks you through exactly how to do it, what information you need, which phone numbers to call, and what happens after your request is submitted.

Step 1: Locate Your DS-367 Form

After a DUI arrest, the arresting officer should have given you a pink form titled "Administrative Per Se Suspension/Revocation Order" (form DS-367). This form serves as your temporary license and contains all the information you need to request your hearing: your driver's license number, the arrest date, the arresting agency, and the specific Vehicle Code section under which your license is being suspended. Keep this form safe — you'll need it throughout the process.

Step 2: Contact the Correct DMV Driver Safety Office

You must contact the DMV Driver Safety Office that handles your geographic area. California has several Driver Safety Offices: the Los Angeles office serves Southern California, while offices in Sacramento, Oakland, Fresno, and San Diego serve other regions. The phone number for the Los Angeles Driver Safety Office is (213) 576-7000. The Oakland office can be reached at (510) 563-8900. If you are represented by an attorney, your attorney will contact the appropriate office on your behalf.

Step 3: Provide Required Information

When you call, be prepared to provide: your full name, driver's license number, date of arrest, arresting agency name, and the DS-367 form number. The DMV representative will verify your information and open your case. You will then be given a case number and, in most cases, a temporary license extension that keeps your driving privileges valid beyond the initial 30-day temporary license period.

Step 4: Understand the Stay of Suspension

Once your hearing is requested, the DMV issues a "stay of suspension." This means your driving privileges remain valid until the hearing officer issues a decision. If you win the hearing, the suspension is set aside entirely. If you lose, the suspension takes effect, but you have the option to request a departmental review or pursue a writ of mandate in Superior Court. The stay remains in effect throughout the hearing process, which typically takes 30 to 60 days from the request date.

Step 5: Prepare for Your Hearing

After your hearing is scheduled, you will receive a notice with the date, time, and location. Most DMV hearings are now conducted virtually by phone or video conference. Your attorney will receive the DMV's evidence package — called "discovery" — which includes the police report, chemical test results, calibration records, and any other evidence the DMV intends to use against you. Your attorney will review this evidence, identify weaknesses in the DMV's case, and prepare your defense strategy.

Why You Should Have an Attorney Make the Call

While you can request the hearing yourself, having an experienced DMV defense attorney handle it provides significant advantages. Your attorney will immediately begin building your defense, request the stay of suspension, obtain discovery materials, and identify procedural errors in your arrest. At Law Office of Rodney Gould, we handle every step of the hearing request process — you never have to navigate the DMV bureaucracy alone.

Frequently Asked Questions