Scheduling A DMV Hearing

When a person with a California driver license is arrested for a DUI violation, the arresting officer will ordinarily give him or her a pink DMV DS 367 form. This notifies the person of his or her right to demand a hearing within ten (10) calendar days of receiving the notice. The suspension or revocation of the licensee's license will be stayed only if he or she contacts the DMV to schedule a hearing within the ten (10) day period. Otherwise, the person's license will be suspended thirty (30) days from the date of arrest.

To schedule a hearing, you or your attorney must call one of the DMV's Driver Safety Offices and, at a minimum, provide the office with your driver license number, full name, date of birth, mailing address, arresting agency, and county where you were arrested. Unless you specifically request an in-person hearing, your hearing will take place by telephone. You also have the right to request that the DMV send you a copy of its evidence, called discovery. You or your attorney must request discovery ten (10) days or more before the date of your hearing in order to receive it before the hearing.

Failing to schedule a hearing within ten (10) days waives your right to a hearing and a stay of the suspension. In this event, the DMV will take action against your driving privileges. In most circumstances, the DMV hearing is your only opportunity to challenge the DMV's action against your driving privilege and to demand that the facts of your case be reviewed by a hearing officer.

During a DMV Hearing, you or your attorney may present evidence and/or oral testimony before a hearing officer. A hearing officer is a DMV officer who fills the dual role of prosecutor and decision maker. The hearing officer may subpoena the arresting officer before the hearing. You may also subpoena the arresting officer and/or any other witnesses to support your case. All testimony given at the hearing will be recorded. After the completion of the hearing, the hearing officer will make findings and render the decision. After receiving the results of your hearing, you may request a departmental review within fifteen (15) days of the date on the Notification of Findings and Decision. If you wish to appeal the DMV decision, you must file a writ of mandamus with the superior court in your county of residence within thirty (30) days of the date on the notification.

Please take some time to visit our websites:

San Francisco DUI Attorney
San Mateo DUI Lawyer
Marin County DUI Defense
Northern California DUI Defense Lawyers
San Francisco County DUI Defense Lawyers