If you were arrested for DUI in Oakland and didn’t request a DMV hearing in time, you may still have options. The California DMV generally requires a hearing request within 10 days of receiving the Order of Suspension/Revocation. If you miss it, the DMV can move forward with a suspension, but you may still ask about a late hearing and consider restricted license pathways. Your criminal case is separate and can still be defended. Act quickly and consider speaking with a California DUI attorney. Contact us to discuss next steps.
Why the DMV deadline matters after a DUI arrest
After a California DUI arrest, the Department of Motor Vehicles runs an administrative process that can suspend your driving privilege independently of any criminal court case. To contest the administrative per se suspension, you must request a DMV hearing within the time window the DMV sets. If you do not request the hearing on time, the DMV may proceed with a suspension unless an exception applies.
Verified DMV deadline for APS hearing requests
The California DMV states that you must request an administrative hearing within 10 days of receiving the Order of Suspension/Revocation following a DUI arrest. See the DMV’s APS guidance: Administrative Per Se (APS) Questions & Answers and APS Questions and Answers for License Suspensions and Revocations.
What happens if you missed the 10-day window
If the DMV does not receive a timely hearing request, the suspension process generally moves forward. Your temporary license will typically expire on its stated date, and a suspension can begin unless you obtain relief. In limited circumstances, you can ask the DMV’s Driver Safety Office to accept a late hearing request, but acceptance is discretionary and depends on the facts. Even if an administrative suspension proceeds, your criminal court case remains separate and can still be defended.
Potential paths if you missed the deadline
- Request a late hearing with reasons: Contact the Driver Safety Office listed on your notice to ask whether a late hearing can be set. Explain legitimate reasons for the delay, such as lack of timely notice, hospitalization, or military orders. Acceptance is not guaranteed.
- Verify service and dates: Confirm when you actually received the Order of Suspension/Revocation (DS-367) and any temporary license. If service or dates are unclear or incorrect, raise this promptly with the DMV.
- Explore restricted license options: Depending on your case, you may qualify for an ignition interlock device route or other restricted privileges after any suspension begins. Eligibility varies; check current DMV guidance and requirements.
- Prepare the criminal defense: The court case is separate. Arraignment timing, discovery, and motion practice can affect outcomes regardless of DMV status.
- Act quickly: DMV and court deadlines move fast. Early consultation preserves options. Talk with a DUI attorney.
Practical tips for Oakland drivers
- Call the Oakland Driver Safety Office listed on your notice and ask about late-hearing procedures and required proof.
- Keep notes of every DMV contact, including names, dates, and times.
- If driving is essential for work, ask about ignition interlock device and restricted license pathways as soon as possible.
- Set calendar reminders for all DMV and court dates to avoid further deadlines.
Quick checklist
- Locate your DS-367 and temporary license; note the service date.
- Request a late hearing immediately and document your reasons.
- Gather proof supporting any delay (hospital records, travel orders, mail issues).
- Confirm insurance status and explore IID providers if needed.
- Schedule a consultation to coordinate DMV and court strategies.
How a DUI attorney can help
A DUI attorney can evaluate whether a late DMV hearing request is feasible, communicate with the Driver Safety Office, and advise on restricted license eligibility. On the criminal side, counsel can analyze the stop, testing procedures, and evidence to pursue dismissals, reductions, or alternative resolutions.
FAQ
Is the 10-day DMV deadline counted from arrest or from when I got the notice?
It is generally counted from when you received the Order of Suspension/Revocation. Confirm the service date on your documents.
Can I get a restricted license if I missed the hearing?
Often yes, after meeting eligibility requirements such as installing an ignition interlock device, providing proof of insurance, and enrolling in a DUI program, depending on your case details.
Does a missed DMV deadline hurt my court case?
No. The DMV process is administrative and separate from the criminal case. Your court defenses still apply.
Can the DMV accept a late hearing request?
Sometimes. It is discretionary and fact-dependent. Provide prompt, credible reasons for the delay.
What if I never received the Order of Suspension?
Raise the issue with the Driver Safety Office immediately and be prepared to document mail or service problems.
What to do today
- Call the Driver Safety Office on your notice to ask about a late hearing and next steps.
- Collect documents and proof supporting your reason for delay.
- Contact our team for a confidential consultation.
Sources
- California Department of Motor Vehicles – Administrative Per Se (APS) Questions & Answers (accessed 2025-08-22)
- California Department of Motor Vehicles – APS Questions and Answers for License Suspensions and Revocations (accessed 2025-08-22)
Disclaimer (California)
This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Procedures can change and vary by circumstances and location. Consult a qualified California attorney about your specific situation.