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How do I get a DMV administrative hearing?

Author

Olivia House

Updated on March 13, 2026

How do I get a DMV administrative hearing?

There are two ways you can request a DMV hearing \u2013 by phone or by fax. You can call or fax a special DMV office called a Driver Safety Office. There are 16 Driver Safety Offices in the State of California that handle DUI DMV hearings and you must contact the one in the same area as you were arrested.

People also ask, how do you make a DMV hearing?

In order to schedule your DMV DUI hearing, you must contact your local DMV driver safety branch office, which is where your hearing will be held. These offices are different from the "traditional" DMV field offices where you go to obtain a license or register your vehicle.

Similarly, what does a DMV hearing officer do? The role of the DMV Hearing Officer is to preside over hearings, interviews and reexaminations. They issue legal rulings, review and interpret documents and make findings and decisions as to the driving privilege of accused drivers.

Similarly, it is asked, what can I expect at a DMV hearing?

A hearing officer will conduct the hearing just like a prosecutor would in a criminal case, but the officer also makes the final decision based on the evidence presented.

What happens if the officer doesn't show up to the DMV hearing?

If the officer does not appear, the matter could be dismissed or for good cause, the court could reschedule. Typically, a court will only reschedule once.

What should I wear to DMV hearing?

DMV doesn't have a dress code, as its administrative, unlike the courts. I would dress up as much as you're comfortable, however. If being in a suit and tie makes you sweat and act nervous and uncomfortable, then tone it down until you feel professional and relaxed.

Can you appeal a DMV hearing?

The second way to appeal a DMV decision is in the Appellate branch of the Superior court of your county. You may file a petition for writ of mandate/mandamus, which will allow a Superior court Judge to review the merits of the DMV hearing officer's decision.

How do I postpone a DMV hearing?

If you cannot attend your administrative hearing on the scheduled date and time, you must contact DMV prior to the hearing and within 10 working days of the time you know, or should have known, you need a continuance or postponement of your hearing.

What happens at a license suspension hearing?

The Hearing Officer decides whether or not a license should be suspended. But the Hearing Officer is the person who runs the hearing, decides what evidence comes in, and what evidence stays out. The Hearing Officer also decides what the evidence means and what will happen to the license.

What does it mean to request a hearing?

A hearing is a formal proceeding with a hearing officer and court reporter. Both the applicant and the Division will be asked to present their case, which may include witnesses and evidence. You are not required to have an attorney, but you are encouraged to seek legal counsel.

When can the DMV suspend your license?

If you do not, the DMV may suspend your license. –18 points in one year, or –24 points in two years. At this point, the DMV will suspend your license for 90 days. At the conclusion of those 90 days, you will need to take a driving improvement course.

How do I keep my license after a DUI?

The California DMV Suspends your License Within 30 Days
The DMV will conduct a review of your charges 30 days after the date of your arrest. If left to go on without your input, you can expect that DMV will suspend your license. For a first DUI offense, this administrative suspension by the DMV will last four months.

How do I contact the DMV after a DUI?

Locations
  1. Headquarters. San Francisco 877 Bryant Street Suite 300 San Francisco, CA 9410 (415) 493-8677.
  2. San Mateo 1900 S Norfolk St, Suite 350 San Mateo, CA 94403 (650) 265-2963.
  3. Oakland 1721 Broadway, Suite 201 Oakland, CA 94612 (510) 808-6693.
  4. Los Angeles 112655 W Jefferson Blvd Los Angeles, CA 90066 (323) 489-3420.

Do I need an attorney for a DMV hearing?

Why You Need an Attorney at Your DMV Hearing. For most of these simple tasks done at the DMV, there is no need to have an attorney present. However, many serious cases are heard at the DMV that can result in revoking or suspending your driving privileges.

Do cops know if your license is suspended?

"Once your car leaves your garage, anybody can check your licence plate." So, police across the country are allowed to randomly check plates – and they do. The system checks the plate to see if it's on a hit list that includes expired or suspended licences.

What happens if I miss my DMV hearing?

Assuming this is a first offense, your failure to appear at the DMV hearing will result in a 6-month license suspension by default and no other consequences. However, if you fail to appear in court on the actual DWI, the court will issue a bench warrant for your arrest.

What happens at a DMV refusal hearing?

At a refusal hearing, DMV must prove four things to suspend your license: That the officer had probable cause to believe you were DUI. That you were lawfully stopped and lawfully arrested for DUI. That you were advised if you refused to complete a chemical test that your license would be suspended or revoked.

Can you drive after a DUI before court date?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

What happens at an administrative hearing?

Administrative Hearing Process. However, an administrative hearing involves disputes under the authority of governmental agencies. An administrative hearing establishes a record of facts in a particular case toward some type of resolution. In the hearing, you are allowed to tell your side of the story in the dispute.

What happens when you get a first time DUI?

Punishment for a First DUI
Generally, your first DUI charge will be considered a misdemeanor offense, and you will be punished with fines, community service, license suspension, and possible probation. However, other factors can change the level or nature of your charge resulting in enhanced sentences or penalties.

What is DUI hearing 10 days?

You only have 10 days to request a DMV hearing!
When a driver is arrested for driving under the influence (DUI) in Los Angeles, he or she will have only 10 calendar days to contact the appropriate office at the California Department of Motor Vehicles (DMV) to schedule an administrative license suspension hearing.

How long does DMV suspend your license for DUI?

Assuming you're over 21 and this is a first DUI, your license will be suspended for 4 months if you lose your hearing with the DMV and for 6 months if you're convicted of DUI. After 30 days of actual suspension (no driving for 30 days at all), you can seek a restricted license after either suspension.

Can you win a DMV hearing?

To win your hearing you must present clear, strong arguments against one or more of these points, with as much evidence as possible. You are allowed to: Have your DUI lawyer represent you at the hearing. Have the hearing held in person rather than over the phone.

How do you win a DMV hearing?

Winning a DMV hearing is very difficult, but these five crucial steps could help you keep your driver's license.
  1. Choose an Experienced Lawyer.
  2. Understand the Issues.
  3. Recall as Much As You Can About Your Arrest.
  4. Your DUI Case Could Affect Your DMV Case.
  5. Know Your Alternatives.

What happens at a formal hearing?

Formal Hearings. A hearing officer presides at a formal hearing at which both testimony and documentary evidence is heard. The officer is authorized to rule on all motions, administer oaths, subpoena witnesses or documents at the request of any party, examine witnesses and rule upon the admissibility of evidence.

How do I appeal a DMV decision?

The second way to appeal a DMV decision is in the Appellate branch of the Superior court of your county. You may file a petition for writ of mandate/mandamus, which will allow a Superior court Judge to review the merits of the DMV hearing officer's decision.

How can I get my suspended license back early?

If your license has already been suspended due to unpaid tickets, you can pursue license reinstatement. In California, you can reinstate your license by (1) paying all of your unpaid parking tickets in full, (2) paying a license reinstatement fee, and (3) appearing in Court.

What does a hearing officer do?

A hearing officer is also known as an administrative law judge. These officers work within the government to decide cases through different agencies. The officer is government appointed to preside over agency investigations and hearings so that the agencies can exercise their powers through the court system.

What is order of set aside or reinstatement?

If you have received an Order of Set Aside or Reinstatement, it is because the DMV has reversed an earlier order to suspend or revoke your driver license. The Order of Set Aside or Reinstatement simply indicates that the DMV has decided you have proven your fitness to drive and are returned to full driving privileges.

What is DMV court?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.

How long does a DMV hearing last?

You only have 10 days from the date of arrest to request this DMV DUI hearing. If you do not request your hearing within that timeframe, you lose your right to do so. If you do request the DMV hearing for your DUI, the suspension of your driver's license will be delayed pending the outcome of the hearing.

Can a cop drop a DUI charge?

The only way for a charge of DUI or DWI to be dropped is for the state prosecutor to reduce the DUI charges against the individual and charge them with a new, lesser offense. This must be done before the prosecutor presents the case against the individual during a court hearing in front of a judge.

What is a refusal hearing?

At a refusal hearing, DMV must prove four things to suspend your license: That the officer had probable cause to believe you were DUI. That you were advised if you refused to complete a chemical test that your license would be suspended or revoked. That you refused or failed to complete a chemical test.

What happens if I lose my DMV hearing?

If you lose your California DMV hearing for an under-21 DUI, your license will be suspended for a period of one year. If you do not yet have a driver's license, your privilege to obtain a driver's license will be postponed for one year.

Does the arresting officer have to appear in a DUI case?

A police officer involved in the DWI arrest will have to be at your trial to testify, but he/she will not have to appear at all of your court dates prior to the trial date.

How do I beat the DMV refusal hearing?

Prepare a written plan of attack so that your case is organized, you won't forget anything, and you can stay calm and focused no matter what happens at the hearing. Conduct your hearing the way a DMV lawyer would, politely and subtly taking control while creating a winning administrative record.

Is my license suspended right after a DUI?

Yes, technically a license suspension is imminent only 10 to 30 days after any DUI, DWI arrest today under the law in every state. Additionally, many women have specific DUI defenses to a license revocation which often apply to their own arrest situation or case facts.

What happens if a cop doesn't show up to court for a DUI?

If your DUI case is set for TRIAL, not just arraignment or pretrial, and the officer fails to appear, the case would ultimately get dismissed for lack of prosecution. If the officer is unable to come to court and the court finds good cause, and if you have waived time, the case will likely get postponed.

What is an administrative hearing for a DUI?

“Administrative per se” hearings are license-suspension proceedings through the DMV that take place after a DUI arrest. In most states, the Department of Motor Vehicles (DMV) will automatically suspend the license of anyone who's arrested for a DUI and has a blood alcohol concentration (BAC) of .

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