How do I request a DMV administrative per se hearing within 10 days of a DUI arrest to challenge my license suspension in California?

To challenge your license suspension, you must contact a California DMV Driver Safety Office and request an administrative per se hearing within 10 calendar days of your arrest. Here is how to complete that process: Step 1: Act Within 10 Days You have only 10 calendar days from the date of your arrest to request a hearing. This deadline is strict and includes weekends and holidays. The clock starts on the date you were given the "Order of Suspension/Revocation" (Form DS-367) by the arresting officer. Step 2: Find the Correct DMV Driver Safety Office You must contact the Driver Safety Office (DSO) that has jurisdiction over your case, not a general DMV field office. The correct DSO is usually listed on your pink temporary license (Form DS-367). If not, you can find it on the California DMV website. Step 3: Call the Driver Safety Office to Make the Request The most effective way to request the hearing is by phone. When you call, state clearly that you are calling to request an administrative per se hearing for a DUI arrest. Have your driver's license number and the police report number from your paperwork ready. Step 4: Request a "Stay" of the Suspension During the phone call, you must explicitly ask the DMV to "issue a stay" on your license suspension. A stay postpones the suspension until the outcome of your hearing, allowing you to continue driving on your temporary license past its initial 30-day expiration. Step 5: Request Discovery Also during the call, request a copy of the "discovery." This is the evidence the DMV will use against you, including the police reports and chemical test results. You will need this to prepare a defense. Important Considerations: The DMV hearing is a separate proceeding from your criminal court case. Winning the DMV hearing does not mean the criminal charges are dismissed, and losing it does not automatically make you guilty in court. The hearing focuses only on whether the officer had cause to stop you, if the arrest was lawful, and if your blood alcohol content was 0.08% or higher (or if you refused the test). Note: If you miss the 10-day deadline, you automatically waive your right to a hearing, and your license will be suspended 30 days after your arrest. It is highly recommended to follow up your phone call with a written request sent by fax or certified mail to have proof of your timely request. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.