California DUI Aministrative Review DMV Hearings

If you are arrested for DUI in California, your arresting officer will take away your California driver's license and give you a pink form called the Suspension Order.

This form will serve as your temporary license and will expire after 30 days unless a hearing is requested.  You will have ten days following your arrest to contact the California DMV and request a hearing to contest your license suspension. This hearing is also known as the Aminstrative Review Hearing, and it is the civil aspect of your DUI case.

Where is the DMV hearing?

You will have the option to select an in-person DMV hearing or a phone hearing.

If you request a live hearing, the hearing will take place at a local DMV Drivers Safety Office.

Who is the judge?

A hearing officer that is employed by the DMV will act as a judge. You may obtain a lawyer to represent you at this hearing, and it is highly encouraged that you do so.

What is the hearing process?

Both sides are entitled to call witnesses to testify at the hearing. Three issues will be resolved:  whether you were driving, whether you were lawfully arrested, and whether your BAC was .08 or higher at the time you were driving. If any of those questions are not affirmative, your license suspension will be overturned.