Waiting for a response from the California Department of Motor Vehicles after requesting a departmental review of an Administrative Per Se (APS) hearing can test anyone's patience.
Expected Timeline for Departmental Review Results
In California, once a request for a departmental review is submitted following an adverse APS hearing decision, it typically takes anywhere from 10-60 days to receive the written findings from the DMV Administrative Review Branch in Sacramento. In periods of heavy administrative backlog, this turnaround time can extend up to 90 days.
What Happens During the Review Period
Unlike the initial APS hearing—which is conducted locally by a Driver Safety Hearing Officer—a departmental review is handled centrally at DMV headquarters.
Record Examination: A review officer evaluates the complete record, including transcripts, exhibits, audio recordings, and legal briefs submitted by your defense counsel.
Scope of Review: The branch strictly reviews the record for legal errors, abuse of discretion, or procedural defects in the hearing officer’s original ruling.
No New Evidence: The review officer does not hold a new live hearing or take new testimony.
Driving Status While Awaiting the Decision
Filing for a departmental review does not automatically stop or stay the license suspension. Unless the DMV specifically grants a stay of suspension pending the review, your license suspension goes into effect on the date specified in your initial hearing decision notice.
Potential Outcomes of the Review
Affirmed: The original suspension order is upheld.
Reversed / Set Aside: The decision is overturned, and driving privileges are fully restored.
Remanded: The case is sent back to the local Driver Safety Office for a reopened hearing to correct procedural errors.
If the departmental review upholds the suspension, the remaining option is to file a Writ of Administrative Mandate in the California Superior Court within the applicable statutory deadline.
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