The Administrative Per Se hearing is your opportunity to challenge a DUI-related license suspension. You have only 10 days from the date of your arrest to request this hearing. Missing this deadline means automatic suspension. Here is exactly how to file your request.
Step 1: Locate Your Pink 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 for 30 days and contains all the information you need to request your hearing. Look for your driver's license number, the arrest date, the arresting agency name, and the specific Vehicle Code section under which your license is being suspended. Keep this form somewhere safe — you will 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 regional offices. The Los Angeles Driver Safety Office serves Southern California and can be reached at (213) 576-7000. The Oakland office serves the Bay Area at (510) 563-8900. The Sacramento office is at (916) 657-6452. The Fresno office is at (559) 445-5013. And the San Diego office is at (619) 688-6696.
If you are represented by an attorney, your attorney will determine the correct office and make the call on your behalf — this is the fastest and most efficient method, and it ensures the request is handled properly.
Step 3: Provide the 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 be assigned a case number, and in most cases, a temporary license extension is issued that keeps your driving privileges valid beyond the initial 30-day period.
The DMV representative will inform you of your hearing rights and what to expect. At this point, the "stay of suspension" is in effect — your license remains valid while your case proceeds through the hearing process.
Step 4: Receive Your Hearing Date
After your hearing is requested, the DMV will schedule your hearing and mail a notice to you and your attorney with the date, time, and location. Most DMV hearings are now conducted virtually by phone or video conference, which is more convenient than traveling to a DMV office.
Your attorney will also receive the DMV's evidence package (discovery), which includes the police report, chemical test results, calibration records, and 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.
Step 5: Prepare and Attend Your Hearing
At the hearing, your attorney will present your defense, challenge the DMV's evidence, cross-examine the arresting officer (if the officer is present), and argue why the suspension should not be imposed. You have the right to be present and to testify, but in many cases, the best strategy is to let your attorney handle the arguments without you taking the stand.
After the hearing, the DMV hearing officer will issue a written decision within 15 to 30 days. If you win, your license remains valid with no suspension. If you lose, the suspension takes effect, but you have appeal rights including departmental review and petition for writ of mandate.