If you were arrested for driving under the influence (DUI) in California, the arresting police officer most likely gave you a pink “Notice of Suspension.” The notice informs you to request a DMV hearing to prevent the suspension of your driver’s license. But what phone number do you call?
You must contact a Driver Safety office of the Department of Motor Vehicles (DMV) to request a DMV administrative hearing (also referred to as an “administrative per se (APS) hearing”). Please find the telephone numbers of several offices below.
City | Telephone Number |
Bakersfield | (661) 833-2103 |
El Segundo | (310) 615-3500 |
Fresno | (559) 445-6399 |
Sacramento | (916) 227-2970 |
San Bernardino | (909) 383-7413 |
San Diego | (619) 220-5300 |
San Francisco | (415) 557-1170 |
Van Nuys | (818) 376-4217 |
Please visit the California’s DMV website here for the contact information for all of California’s DMV Driver Safety offices. The link includes information as to hours, accessibility, and parking information.
Note that these offices are different from other DMV field offices where you typically go to:
- obtain a driver’s license, and
- register your vehicle.
1. When do you call to request a DMV DUI hearing?
A California DMV DUI hearing is an administrative hearing held before a hearing officer at a DMV Driver Safety office.
If arrested for DUI, you likely received a pink notice entitled, “Notice of Suspension.” The document informs you that you have the right to request a hearing in order to avoid a driver’s license suspension.1
You must request a hearing within 10 calendar days from the date of your arrest. The California DMV will automatically suspend your driving privileges if you do not make a hearing request within this time period.2
You can request a hearing by calling a DMV Driver Safety office (see above). The office typically asks you to identify yourself by providing your:
- full name,
- driver’s license number, and
- date of birth.
You will speak with a DMV employee that will work with you to schedule a hearing date. Your hearing may be either:
- in person at the DMV office, or
- over the phone.
If you are represented by a DUI defense attorney, your DUI attorney can call and schedule a hearing on your behalf.
2. What is the purpose of the hearing?
You request a DMV hearing following a DUI arrest in order to challenge the validity of the arrest.3
Some of the issues that a DMV hearing officer will consider and rule on are whether:
- the police had probable cause to stop you,
- the police had probable cause to believe you were driving while intoxicated,
- you were driving with a blood alcohol concentration (BAC) of 0.08% or greater, and
- you lawfully refused to submit to a chemical test.4
A hearing officer will likely issue a driver’s license suspension or revocation if he/she finds that:
- you were stopped and arrested with probable cause, and
- the police report and other evidence shows that you were driving while intoxicated or with a BAC of 0.08% or greater.5
Findings to the contrary will likely result in the reinstatement of your driving privileges.6
3. What are your rights at an APS hearing?
You have several rights in the course of a DMV administrative review. Examples include the right to:
- a DUI lawyer or defense attorney,
- review and challenge any evidence presented against you,
- subpoena and present witnesses,
- cross-examine witnesses, and
- testify on your own behalf.7
4. Is a DMV hearing different from your DUI case in court?
Yes. You will face two different legal proceedings if arrested in California for drunk driving. These are:
- an administrative per se hearing (to determine if your driver’s license should get suspended), and
- a criminal charge of DUI in Superior Court (where a judge or jury determine if you are guilty of DUI).
If a criminal court finds you guilty of DUI, then it has the authority to impose several penalties in addition to a license suspension. Some of these include:
- probation,
- jail time,
- fines,
- completion of a DUI school, and
- the installation of an ignition interlock device.
Legal References:
- Note that your pink notice also serves as a temporary license allowing you to drive for 30 days after your DUI arrest.
- See California’s DMV website, “Administrative Hearings.”
- See same.
- See California’s DMV website, “Driving Under the Influence: Age 21 and Older.”
- See same. See also California Vehicle Code 13557.
- See same.
- See California’s DMV website, “Administrative Hearings.”