If you’ve been arrested for a DUI in San Luis Obispo or Santa Barbara County, the process of managing the suspension of your driver’s license can feel overwhelming. One of the most important steps you can take is to request a DMV hearing, officially known as an Administrative Per Se (APS) hearing. This post will guide you through the steps to request a DMV hearing, helping you protect your driving privileges or control the timing of a suspension.
What is a DMV Administrative Per Se Hearing?
An Administrative Per Se (APS) Hearing is your opportunity to contest the suspension of your driver’s license after a DUI arrest. The primary issue at the hearing is whether your license will be suspended because of your DUI arrest.
Here’s why it’s important:
- Requesting the hearing allows you to challenge the suspension or at least delay it.
- You must request this hearing within 10 days of receiving the DS-367 form (Suspension/Revocation Order and Temporary Driver License), or you forfeit your right to the hearing, and your license will be suspended automatically.
The hearing is an administrative process conducted by a DMV Hearing Officer and can take place either in person or by phone
Step 1: Grab Your DS-367 Form
The Suspension/Revocation Order And Temporary Driver License (Form DS 367) form is critical. This form is issued when you are arrested for a DUI in California, and it serves multiple purposes:
- It notifies you that the DMV intends to suspend your license.
- It provides a 10-day window to request the APS hearing.
- It grants you temporary driving privileges if you act quickly.
It’s important to keep the DS-367 form safe and review it carefully. If you don’t request the hearing within 10 days of receiving this form, your right to challenge the suspension will expire.
The DS 367 is a very important document. Do not lose it.
It’s a confusing document as well, but it has important information that you need to be aware of.
So read it from top to bottom and then read it again.
The DS-367 does 3 things:
- It is a notice to you that the DMV intends to and has started the process of suspending or revoking your California driver’s license.
- It is a notice to you that you can request a DMV Administrative Per Se Hearing within the first 10 calendar days after you received the DS-367, which is typically the date you were detained or arrested, and it provides a brief outline of what an administrative hearing is. If you do not successfully schedule an Administrative Per Se Hearing in the timeframe allowed, you will forfeit your right to the Administrative Per Se (APS) Hearing, and your license will become suspended.
- For those who have a valid driver’s license at the time of their DUI detention or arrest, this document does provide you with temporary driving privileges. It’s important to request your APS Hearing within the timeframe as that will impact how long the temporary driving privileges will last. Additionally, you may have the ability to prevent the license suspension entirely but you only have a chance to do this if you request your APS Hearing.
If you need help figuring out if you may have the option to avoid suffering the APS suspension, then contact our office to schedule a free case evaluation, and we can assist you.
Step 2: Call The DMV To Request A Hearing Date
Attention
You only have 10 calendar days starting from the “Issue Date” written on your “Suspension/Revocation Order And Temporary Driver License”(Form DS 367) to request a hearing. (Count weekends and holidays in your 10-day calculation) If you do not successfully request an administrative hearing in the timeframe allowed, you will forfeit your right to an administrative hearing, and your license will become suspended.
To request your APS hearing, you must call the DMV—you cannot do it online. Here’s how to proceed:
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Call the Oxnard Driver Safety Office at 805-988-3050. Their office hours are typically:
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Monday, Tuesday, Thursday, Friday: 8 am – 5 pm
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Wednesday: 9 am – 5 pm
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When you speak with a DMV representative:
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Request an Administrative Per Se Hearing (APS hearing).
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If you haven’t hired an attorney, inform the representative of that.
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Request a phone hearing, if possible.
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Verify that your request is within the 10-day deadline.
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Record the details: Write down the name of the representative you spoke with, as well as the date and time of the call. Keep this information for your records.
A Few Tips
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The DMV might not give you a hearing date right away. If this happens, they’ll send you a “Notice of Hearing” by mail, which will include the hearing date.
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Once you receive your Notice of Hearing, make sure to share it with your attorney immediately to ensure they are prepared. Missing the hearing could result in a suspension of your license.
Step 3: Prepare Your Case
If you are facing a DUI charge, it’s important to act fast. Here are some additional steps to take after requesting the hearing:
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Gather key documents: Make sure to keep a copy of the DS-367 form, as well as any other documents related to your arrest, including court dates and arrest charges.
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Contact an attorney: An experienced DUI attorney can help you navigate the DMV hearing process, improve your chances of success, and manage the complexities of your case.
Conclusion
Requesting a DMV hearing after a DUI arrest in San Luis Obispo or Santa Barbara is a critical step in managing the potential suspension of your driver’s license. By following these steps and acting quickly, you can protect your driving privileges or at least gain some control over the timing of any suspension.
If you need help with your DUI case in San Luis Obispo or Santa Barbara County, don’t hesitate to reach out to our team. We are here to assist you in protecting your rights and ensuring the best possible outcome for your case.
Contact our DUI attorneys today at 805-439-6069 for a free case evaluation.
