Appealing a BAD DMV DECISION – Administrative Review

There are two ways to appeal a bad DMV decision an Administrative Review or a Writ of Mandate.  The Administrative Review is the easiest appeal to file while the Writ of Madate is more involved and requires a lot of work.

The DMV makes bad decisions because the hearing officer’s making the decisions regarding your driver’s license are not attorneys or know the science of DUI.  It is important that you have an experienced DUI attorney handle the DMV APS Hearing so that an appealable record is made that will support the appeal. There are timelines for filing an appeal that must be adhered to if you want to challenge the DMV’s decision.      

Writ Filing Deadlines and COst

You have fifteen days from the effective date of the suspension to file an Administrative Review. This is an internal Departmental review of your hearing by a DMV manager. You must pay a $120 filing fee, and mail a request for review to the DMV.

DMV Reviews THEIR Own Decision

In an Administrative Review a DMV manager looks at the evidence presented at the hearing and decides to either uphold or overturn the DMV hearing officer’s decision.

No Stay on DMV Suspension

Unlike a Writ Petition where a stay on the suspension can be requested from a judge, there is no stay on your license suspension during the process.  Your license suspension will go into effect on the effective date.  The Administrative Review process can take from two to three months before DMV makes a decision.

You don’t have to plead guilty, contact our office today for a free same day consultation

Because you have so much to lose, you need the most experienced and aggressive DUI Defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines. Call our office today at (916) 939-3900 to speak directly to an attorney about applying for an Administrative Review.  We are open 24/7/365 to answer your questions.