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California DMV hearing: 10 Day Rule

In this article, a DUI Defense Lawyer discusses California DMV hearing: 10 Day Rule.

California Law for DMV Los Angeles DUI Cases

In California, if you are arrested for a DUI, the arresting officer is required to confiscate your California driver’s license and mail it to the DMV. This action triggers the administrative license suspension process, separate from any criminal court proceedings.

However, if you hold an out-of-state driver’s license and are not a California resident, the arresting officer does not have the legal authority to confiscate your license. California police officers lack jurisdiction over non-California licenses and are not permitted to take them or mail them to the DMV. If an officer mistakenly takes your out-of-state license, you can deman the return of such license from the police officer or police station.

Despite not being able to confiscate your out-of-state physical license, the officer can still initiate a California license suspension by issuing DMV Form DS 367—the same pink document given to California residents. This starts a California driving privilege suspension, even for non-residents.  A California license suspension can result in the suspension of your out-of-state driver’s license.

A valid driver’s license is often essential to keeping a job, supporting a family, or attending school. A DUI conviction in California can lead to:

• Jail time,

• Loss of driving privileges,

• Mandatory installation of an ignition interlock device (IID),

• Substantial fines,

• Community service,

• And significantly increased auto insurance premiums.

If you’ve been arrested for DUI in California, regardless of your state of residence—it is critical to speak with an experienced Los Angeles DUI Attorney right away. A knowledgeable DUI lawyer will help you navigate both the DMV and court processes, protect your license, and fight to secure the best possible outcome in your case.

What is the “10-Day Rule” after a Los Angeles DUI Arrest?

If you are arrested for a DUI in California, the arresting officer will immediately confiscate your California driver’s license and issue a pink sheet of paper known as a “Notice of Suspension” and Temporary License. This pink form is part of DMV Form DS-367 titled “Age 21 and Older Officer’s Statement”.

This document serves several critical purposes:

1. It acts as your temporary driver’s license for 30 days following the arrest.

2. It formally notifies you of the DMV’s intent to suspend your license.

3. It advises you of your right to a DMV hearing, and

4. It confirms that you were properly served notice of the suspension.

The most urgent takeaway is this: You have only 10 days from the date of arrest to request a DMV hearing. If you miss this deadline, your right to a hearing may be permanently lost, and it is extremely difficult to reinstate that right once it expires.

To protect your driving privileges, you must act quickly. You can request a DMV hearing yourself by contacting the Driver Safety Office or the DMV Mandatory Actions Unit in Sacramento. Alternatively, you can contact a Los Angeles DUI Attorney, and we will handle the DMV hearing request for you and begin building your defense immediately.

After your arrest, the officer will submit the completed DS 367 form to the DMV. This form includes:

• The basis for the traffic stop,

• The grounds for the DUI arrest, and

• The blood alcohol concentration (BAC) or test refusal information.

At the DMV hearing, the Department must prove just three things:

1. You were lawfully stopped,

2. You were lawfully arrested, and

3. At the time of driving, your BAC was 0.08% or higher, or you refused testing.

If any one of these elements is not proven, your suspension can be set aside.

Call a Los Angeles DUI Attorney today to protect your rights and your license. We have extensive experience winning DMV hearings and fighting DUI charges throughout Los Angeles.

What to ask the DMV after a DUI Arrest?

How to Protect Your License After a DUI Arrest – DMV Hearing & Stay of Suspension

If you’ve been arrested for a DUI in California, requesting a DMV hearing is not enough—you should also immediately request a “stay of suspension”. A stay allows you to continue driving legally while your DMV Administrative Per Se (APS) hearing is pending. This is crucial if driving is essential to your job, education, or daily responsibilities.

Even if you believe you don’t have a strong defense, it is still worth fighting the suspension. The burden of proof is on the DMV, and cases are often won simply because the officer forgot to sign paperwork, left out critical information like the time of driving, or made other procedural errors. Requesting a stay also gives you the ability to coordinate the timing of your DMV and court suspensions to avoid prolonged license consequences.

What Happens After You Request a Hearing?

Once your request is received, the DMV will schedule your hearing at a local Driver Safety Office (DSO). In the Los Angeles area, there are four main DSOs:

• Van Nuys
• Commerce
• El Segundo
• Covina

Each DMV hearing is presided over by a hearing officer who acts as both judge and prosecutor. The hearing officer will present the DMV’s case using documentary evidence, including the DS-367 form submitted by the arresting officer. You have the right to be represented by an attorney—contact a Los Angeles DUI Attorney to help you prepare your defense and protect your license.

Subpoenas, Discovery, and Evidence

At the APS hearing, you and your attorney can:

• Subpoena evidence, such as Body Cam or Dash Cam video footage;
• Request records and reports related to the DUI investigation.
• Cross-examine DMV witnesses, if the DMV chooses to subpoena them.

If the DMV intends to call a witness, you will be notified in advance as part of the discovery process, allowing your attorney to prepare.

Legal Authority Governing DMV Hearings

DMV APS hearings are governed by Title 13 of the California Code of Regulations. If you believe the assigned hearing officer is biased or inappropriate for your case, your attorney may seek disqualification under Title 13, Section 115.10.

Because DMV hearing officers have significant discretion over whether your license is suspended or preserved, having a knowledgeable Los Angeles DUI Attorney by your side can be the key to a successful outcome.

Here is a blog-style version with subheadings, structured for clarity, SEO, and legal authority, including practical guidance:

What to Do When CHP or Police Fail to Comply with a Subpoena in a DUI Case

As a Los Angeles DUI Attorney, I often encounter situations where law enforcement agencies—such as the California Highway Patrol (CHP)—fail to comply with properly served subpoenas for records needed in DMV Administrative Per Se (APS) hearings. This delay or refusal can seriously undermine your ability to prepare a defense. Fortunately, California law provides a remedy when this occurs.

Legal Remedy: Government Code § 11455.20

Under Government Code § 11455.20, if a party has served a valid subpoena and the agency fails to comply, the party may request that the Department certify the facts of noncompliance to the appropriate court. This certification allows the superior court to take enforcement action, just as it would in a civil proceeding.

Once certified, the court has the authority to:

• Compel compliance with the subpoena,
• Impose sanctions, or
• Hold the noncompliant party in contempt.

This provision ensures that police agencies are not above the law and must respond to valid legal requests for evidence.

When Is Certification Appropriate?

Certification is appropriate when:

• A subpoena duces tecum was properly served,
• Statutory witness fees and costs for document production were paid,
• The responding agency fails to comply within the timeframe specified in Evidence Code § 1560(b)(2)–(3) (typically 15 days), and
• The delay causes prejudice to the defense, such as loss of the opportunity to meaningfully review evidence before a DMV hearing.

For example, if the CHP fails to produce a DashCams (MVARS), breath test maintenance records, or radio logs, your ability to challenge the legality of the stop, arrest, or test results is compromised.

How to Request Certification to the Court

If you’re facing this situation, here are the steps your Los Angeles DUI Attorney can take:

1. Document the subpoena service: Keep a copy of the proof of service and receipt of payment to the agency.
2. Follow up: Call the agency to confirm whether the subpoena was received and processed.
3. Notify the DMV hearing officer: Submit a written request asking that the hearing officer certify the facts of noncompliance under Government Code § 11455.20.
4. Attach all supporting documents, including the subpoena, proof of service, proof of payment, and your correspondence with the agency.
5. Request a set-aside or continuance: In the same request, ask that the DMV either set aside the suspension due to due process violations or continue the matter to allow time for compliance.

Why This Matters in Your DUI Defense

Timely access to evidence can make or break a DMV hearing. If a police agency ignores your subpoena, your due process rights are violated. Government Code § 11455.20 gives you a powerful tool to hold the agency accountable and protect your driving privileges.

If you’re facing a DMV hearing or court proceedings related to a DUI, contact a Los Angeles DUI Attorney immediately. We know how to use every available legal remedy—including subpoena enforcement and sanctions—to fight for your rights and maximize your chances of success.

What would happen if I ignore the “10-Day Rule”?

If you ignore the right to request a hearing within 10 days of arrest, your license will most likely be suspended 30 days after the arrest. Most of the time, the suspension is automatic because the hearing officers don’t look for a way to help you. The times you are able to avoid a suspension are when your Los Angeles DUI attorney argues and points out to the DMV the defects in their case.  Without a DUI Attorney at the hearing, your license will be suspended 30 days after the arrest, and you will have to jump through hoops to get it back. The DMV takes the position that a driver’s license is a privilege and not a right, and therefore, the procedure to keep a license is turned against drivers.  You will need the help of a professional to fight for your license. Call our office to immediately talk with a Los Angeles DUI or Los Angeles DMV attorney who can help you defend your case.

RECENT COURT DECISION THAT CHANGES THE DMV HEARINGS

In April of 2022, the Court of Appels issued a decision that changed the way hearings are conducted after a DUI in Los Angeles.  All administrative hearings in California are required to have a separation of power between the person who presents the case for the DMV and the person who makes a decision on that case.   The one exception was the DMV hearing, where an administrative decision was made by a hearing officer after the same hearing officer presented the evidence for the DMV and examined witnesses for the DMV.   This would be a violation of the California Government Code which states in section:

§ 11425.30. Specified persons not to serve as presiding officer

(a) A person may not serve as presiding officer in an adjudicative proceeding in any of the following circumstances:

(1) The person has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage.

(2) The person is subject to the authority, direction, or discretion of a person who has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage.

(b) Notwithstanding subdivision (a):

(1) A person may serve as presiding officer at successive stages of an adjudicative proceeding.

(2) A person who has participated only as a decisionmaker or as an advisor to a decisionmaker in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding or its preadjudicative stage may serve as presiding officer in the proceeding.

(c) The provisions of this section governing separation of functions as to the presiding officer also govern separation of functions as to the agency head or other person or body to which the power to hear or decide in the proceeding is delegated.

If you have any questions, call (818) 921 7744 directly to the DMV attorney, who can help you defend your case!

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