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Strict 10-Day DMV Hearing Deadline in California & Title 17 Blood Alcohol Split Retests

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BayAreaCommuterCommunity MemberPosted on August 19, 2026
👁 512 views💬 2 replies⭐ 31 score
I was cited for a misdemeanor DUI in California 4 days ago. The CHP officer took my physical plastic driver's license and gave me a pink 'DS-367' document that says 'Temporary Driver License - 30 Day Notice of Suspension'. I opted for a blood test at the station. What is the exact 10-day rule for requesting a DMV Administrative Per Se (APS) hearing, and how does my attorney order an independent 'blood split retest' under California Title 17?

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D
DUI_Litigator_CAVerified Defense AttorneyAug 19, 2026
### 1. The Strict 10-Calendar-Day DMV Deadline Under **California Vehicle Code § 14100 and § 13382**, you have exactly **10 calendar days** from the date of your arrest to contact the California DMV Driver Safety Branch and demand an **Administrative Per Se (APS) Hearing**. * **Consequence of Missing 10 Days**: If you do not request the hearing within 10 calendar days, your right to challenge the suspension is forfeited, and your driver's license will automatically be suspended upon expiration of the 30-day temporary license. * **The 'Stay' on Suspension**: When your defense attorney timely requests the APS hearing, the DMV is legally required to issue a **Stay on the suspension**. This extends your full driving privileges past the 30-day mark until the formal hearing is conducted and a written ruling is issued. ### 2. Blood Split Motion & Title 17 Forensic Compliance Under the California Code of Regulations **Title 17 (§ 1215 et seq.)**, law enforcement laboratories must adhere to strict scientific protocols when collecting, preserving, and analyzing blood samples: 1. **Sample Preservation**: Title 17 § 1219.1 mandates that law enforcement preserve an adequate portion of the blood sample with anticoagulant (potassium oxalate) and preservative (sodium fluoride) for independent defense testing for at least one year. 2. **Filing a Blood Split Motion**: Your attorney files a formal *Motion for Production of Blood Sample for Independent Testing* in criminal court under Penal Code § 1054.1. 3. **Independent Forensic Lab Analysis**: An accredited independent forensic toxicology laboratory picks up the split vial from the police crime lab. The independent retest measures the exact BAC, checks for microbial fermentation (which falsely inflates BAC if sodium fluoride levels are deficient), and verifies proper chain of custody.
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B
BayAreaCommuterCommunity MemberAug 19, 2026
Understood. Should I contact the regular DMV field office or does my attorney call a dedicated Driver Safety Office in Oakland or San Jose?
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