In today’s blog post, we are going to show you an easy way to request a DMV Hearing (officially called an Administrative Per Se (APS) Hearing) in San Luis Obispo.
This is the same step-by-step guide that we have given to hundreds of our clients who were arrested for a DUI in San Luis Obispo County.
Trying to figure out what to do on your own can be confusing and stressful. The last thing you need right now is more stress in your life.
We put together this step-by-step guide, so you would have one less thing to worry about.
Let’s get started...
What is a DMV Administrative Per Se Hearing?
Requesting an Administrative Per Se (APS) Hearing is something you must do to contest the suspension of your driver's license, or to have any control over the timing of your driver's license suspension, if a suspension is ultimately determined to be unavoidable. There is no downside to requesting the hearing, since it can be canceled if ultimately not desired.
The sole issue to be determined at this hearing is whether or not your driver's license will be suspended as a result of your DUI detention or arrest.
The hearing is an administrative hearing. The hearing takes place in person or over the phone in front of a DMV Hearing Officer.
Your license suspension will go into effect 30 days after you are served with the DS-367, which is also typically 30 days from your DUI detention or arrest. However, you can fight the suspension, or control the timing of the suspension, if you request a DMV hearing within the 10 calendar day timeframe.
The following sections below will show you how to request a DMV hearing when you were arrested or detained in San Luis Obispo County.
Step 1: Grab Your DS-367 Form
Typically a Suspension/Revocation Order And Temporary Driver License (Form DS 367) is issued to a motorist who has been arrested or detained for a DUI in California, and had their original license confiscated by law enforcement during the detention or arrest.
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:
1. 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.
2. It is a notice to you that you can request a DMV Administrative Per Se Hearing within the first 10 calendar days after your 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.
3. 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
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.
Unfortunately, you cannot request a DMV hearing online. You will need to call in.
Our firm exclusively handles DUI cases where the incident occurred in San Luis Obispo County. Therefore, we recommend to our clients that they do the following:
(Please Note: If your DUI is outside of San Luis Obispo County, then your process for requesting a hearing may be slightly different. We suggest contacting an attorney in your area for guidance.)
1. Call the Oxnard Driver Safety Office at 805.988.3050
Their office hours are typically:
Monday, Tuesday, Thursday, Friday - 8 am to 5 pm
Wednesday - 9 am to 5 pm
2. Once you have a DMV representative on the phone, do the following:
a. Request an "Administrative Per Se Hearing" (Also know as an "APS" hearing).
b. Request that the hearing be in-person and in San Luis Obispo, NOT a hearing by telephone. If you are advised when you make that request that due to Covid-19 protocols, only phone hearings are available, accept the phone hearing.
c. If you have not hired an attorney yet, then inform the representative that you are currently not being represented by an attorney.
d. Verify with the DMV representative that your hearing request was made with in the specified timeframe.
3. Make sure to write down:
The first name of the DMV representative you talked to.
The date and time of your call.
Keep that information for your records.
A Few Tips
1. When you call to request your hearing, the DMV will not give you the date for your future hearing. Instead, they will tell you that you have made your request and you will receive the hearing date and additional information in the mail. So keep watch on your mailbox for a "Notice of Hearing" document from the DMV that will show the date of your DMV hearing (see sample below). 2. Also, once you have hired an attorney, make sure to provide your attorney with a copy of the "Notice of Hearing" as soon as you receive it. You will also want to provide your attorney with copies of any additional documents you received from law enforcement (i.e. the temporary license (DS-367 form), and the document showing your arrest charges and your court date, which is different from your DMV hearing date).
We hope that this guide has saved you time and helped you to successfully request your DMV Administrative Per Se Hearing. If your DUI incident occurred San Luis Obispo County, regardless of where you live, and you have additional questions about your case, then please reach out to us. Our friendly team is standing by to help. You can call our office directly at 805.748.5243 or you can submit a request for a free case evaluation by filling out and submitting the form at the bottom of this page.