If you get arrested for DUI in San Diego the DMV will seek to suspend your drivers license. Out of state drivers with a California DUI may lose their license to drive in their home state. These hearings are called “Administrative Per Se” or APS hearings.
If you got arrested for underage DUI or refused the chemical test the DMV will attempt to suspend your license for at least one year.
In order to avoid any lose of your driving privilege an Administrative Per Se hearing (APS) must be requested within 10 calendar days of the date of your San Diego DUI arrest.
This hearing will be scheduled about 45 days after the date you requested it and it can be held "in person" or over the phone.
The hearing itself is fairly informal but is audio-taped for the purpose of providing a record for appeal should you decide to do so – in addition a copy of the audiotape may be purchased from the DMV after the hearing.
At the hearing the DMV Hearing Officer will ask those present to identify themselves for the record and will then move to identify all of the documents that the DMV intends to use in order to take your license away. Unless the DMV Hearing Officer has previously noticed a problem with the evidence, the DMV will typically not have the arresting officer testify.
Then you or your San Diego DUI lawyer will then be given an opportunity to object to the admissibility of any of the documents. If the DMV has secured the attendance of any witnesses, the Hearing Officer will then call those witnesses to testify and then you or your San Diego DUI Lawyer will be given an opportunity to cross-examine them. Then, following the close of the
DMV's evidence, your San Diego DUI attorney will be given an opportunity to present your case.
Finally, after all evidence has been heard, your San Diego DUI Lawyer will be given the right to make a closing argument and motion for a "set-aside" (withdrawal) of the suspension. However, typically the Hearing Officer will decline to make a decision at the time of the Hearing and you will be informed via a written decision mailed to you within a couple of weeks. (Your driving privileges will be extended pending the Hearing Officer's decision.)
For more information see:
California DMV – hearing after a DUI arrest
The San Diego Driver Safety Office of the DMV
After having been arrested for a DUI in San Diego you can’t deal with the normal DMV that you would typically go to if you needed your car registered for example.
There are currently 12 DMV Driver Safety Offices located throughout the state for those drivers requesting administrative hearings (this is what needs to be requested after a San Diego DUI arrest) or scheduled for departmental re-examinations.
City of Commerce
The San Diego office is located at 9174 Sky Park Court, Suite 200, 92123-2666 and can be reached by Phone at (858) 627-3901 or Fax at (858) 627-3925.
If you call within 10 days to request a hearing don't be surprised if the operator asks you some questions and then tells you that you don't need a hearing. That operator is being lazy. Insist on a hearing – regardless of what they say – or better yet contact a San Diego DUI lawyer and have that office set the hearing.