Protect Your License: How to Request a DMV Hearing After a DUI Arrest in Alameda County

The moments following a DUI arrest are confusing, stressful, and loaded with uncertainty. If this has happened to you in Oakland, Fremont, or anywhere else in Alameda County, one of the most critical legal battles you face immediately isn’t with the criminal court—it’s with the California Department of Motor Vehicles (DMV). Your driver’s license suspension starts a civil, administrative clock ticking right away.

The key to protecting your driving privileges is knowing How to Request a DMV Hearing After a DUI Arrest in Alameda County. This isn’t just an optional step; it is your only chance to contest the automatic license suspension. If you miss the narrow window to act, your license will be suspended on the 31st day after your arrest, regardless of what happens in your criminal court case.

The Critical 10-Day Deadline: The Rule You Can’t Ignore

When the arresting officer took your physical license, they should have given you a pink piece of paper called a “Notice of Suspension and Temporary Driver License” (Form DS-367). This pink sheet is both your temporary 30-day driving permit and your official notice that your license will be suspended.

Here is the absolute most important takeaway: You have only ten (10) calendar days from the date of your arrest to contact the DMV and request a hearing.

Failing to make this request within that 10-day window is essentially a surrender of your right to challenge the administrative suspension. The DMV is extremely strict about this deadline—there are rarely exceptions.

In the words of a California DUI defense specialist, “The 10-day deadline is the single most critical factor in a DUI defense. It’s the starting gun for the administrative fight for your license.”

The Two Things You Must Request from the DMV

The hearing you are requesting is officially called an Administrative Per Se (APS) Hearing. When you contact the DMV’s Driver Safety Office, you must request two things:

1. The APS Hearing: This is the actual hearing where you or your attorney can present evidence and cross-examine the officer to challenge the suspension.
2. A Stay of Suspension: This “stay” postpones the automatic suspension past the 30-day mark until the DMV hearing officer makes a final decision. This is vital because DMV hearings are often scheduled outside the initial 30 days.

How to Contact the Alameda County DMV Driver Safety Office

The hearing is not handled by your local DMV field office, but by the specialized Driver Safety Office (DSO) that serves Alameda County.

The contact information for the Oakland Driver Safety Office is:

Office Name	Address	Phone	Fax
Oakland DMV Driver Safety Office	7677 Oakport St., Suite 220, Oakland, CA 94621	(510) 563-8900	(510) 563-8950

Action Steps for Requesting the Hearing:

• Call or Fax: You can submit your request by phone or fax. Keep a detailed log of the call, including the date, time, and the name of the DMV employee you spoke with. If you fax a letter, keep the fax confirmation sheet as proof of timely submission.
• Be Prepared: Have your driver’s license number, date of arrest, police agency, arresting officer’s name, and the type of chemical test administered ready.
• Request Discovery: You should also formally request “Discovery,” which means getting copies of the police reports and any evidence the DMV plans to use against you. This is an essential step for preparing your defense.

As stated by the California Department of Motor Vehicles (DMV) guidelines, your right to drive depends entirely on this timely request.

What Happens at the DMV Administrative Hearing?

The DMV hearing is a formal, evidentiary proceeding, but it is purely administrative—separate from the criminal court process. It is presided over by a DMV Hearing Officer, who is an employee of the DMV, not a judge.

At the APS hearing, the Hearing Officer only needs to prove three key facts by a “preponderance of the evidence” (meaning it is more likely than not):

1. Did the officer have reasonable cause to stop or arrest you?
2. Were you lawfully arrested?
3. Were you driving with a Blood Alcohol Concentration (BAC) of or higher (or if you are under 21)?

If the DMV cannot prove all three points, your license suspension will be “set aside,” and you get your full driving privileges back. This is why having an experienced DUI defense lawyer to challenge the evidence—especially issues with the chemical test results or lack of probable cause—is a huge advantage.

According to a comprehensive report on Administrative Per Se Hearings in California, winning the APS hearing does not guarantee a dismissal of your criminal charges, but it is often the first and most critical victory in the overall DUI case. It not only saves your license but also provides valuable insight into the evidence the prosecution will use against you.

Conclusion: Don’t Wait, Take Control

The key to successfully navigating the post-DUI process in Alameda County is speed and precision. If you’ve been arrested, the clock is ticking on your right to drive. You now know How to Request a DMV Hearing After a DUI Arrest in Alameda County—by contacting the Oakland Driver Safety Office within 10 calendar days and requesting both the APS Hearing and a Stay of Suspension. Protect your license and your future by taking immediate action.

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Frequently Asked Questions (FAQs)