Ask for it in writing, early. Before an Administrative Per Se hearing, California law lets you inspect and copy the evidence DMV holds through an informal discovery request, and lets you have subpoenas issued for witnesses and documents when a request is not enough.

The hearing notice must mention your discovery rights

When DMV grants a hearing, it must set a time and place, give you 10 days’ notice, and include in that notice a statement of your discovery rights to review DMV’s records before the hearing (Vehicle Code section 14104). The notice tells you the right exists; it does not deliver the file. DMV’s own hearing guide says it sometimes sends the evidence automatically, but otherwise you have to ask (DMV Fast Facts 26).

What you can ask for, and why the rule applies

DMV hearings follow their own Vehicle Code chapter, and anything that chapter does not cover is governed, “as far as applicable,” by the Government Code’s chapter on formal administrative hearings (Vehicle Code section 14112(a)). DMV’s guide likewise says the Administrative Procedure Act and Vehicle Code sections 14100 to 14112 govern these hearings (Fast Facts 26). That brings in Government Code section 11507.6, the discovery statute for those hearings.

Under section 11507.6, a written request made before the hearing entitles you to the names and addresses of witnesses known to the other side, including those it plans to call. It also lets you inspect and copy material in the other side’s possession, custody, or control, including:

  • Statements of witnesses and of other people with personal knowledge of the events.
  • Writings DMV proposes to offer in evidence, which the statute says include reports of blood examinations.
  • Any other relevant writing that would be admissible.
  • Investigative reports, to the extent they name witnesses, reflect what the investigator observed, or contain or attach statements or writings of the kinds above.

In practice, that covers the material the hearing officer will look at: the arresting officer’s sworn statement and report, chemical test results and related records, and the names of anyone else DMV may rely on.

Timing

Section 11507.6 measures its own request window from the service of a pleading. DMV’s hearing guide gives a simpler instruction: call or send a written request for discovery at least 10 days before the hearing date (Fast Facts 26). Practically, a written request made when you request the hearing, with a copy kept for your records, leaves the most time and the clearest proof that you asked.

What discovery does not reach

The right does not extend to anything privileged, otherwise made confidential, or protected as attorney work product (section 11507.6). It also reaches only what the other side possesses or controls, so records kept by someone else, such as the arresting agency or a testing laboratory, may need a subpoena instead. And it is specific to the DMV hearing; discovery in a separate criminal case runs under different rules.

Subpoenas for witnesses and records

Before the hearing starts, DMV or the hearing officer must issue subpoenas or subpoenas duces tecum at any party’s request, for a witness to attend or for documents to be produced at the hearing (Vehicle Code section 14104.5(a)). They may be served by first-class mail (section 14104.5(b)). DMV’s guide adds that subpoena forms are available online and at Driver Safety offices, that someone other than you must serve a subpoena, and that you pay the witness fees and mileage for any witness you subpoena (Fast Facts 26).

A subpoena duces tecum brings documents to the hearing itself, not before it, so it works alongside an early discovery request rather than replacing one.

A checklist for the request

Ask specifically for:

  • The arresting officer’s sworn statement and report.
  • Any preliminary alcohol screening and evidential breath or blood test records, including calibration and maintenance records referred to in the file.
  • Booking and custody records DMV intends to rely on.
  • The names and addresses of witnesses DMV knows of, including anyone it plans to call.

If the request goes unanswered as the hearing approaches, ask for a subpoena duces tecum for the same material rather than waiting.

Why it matters

The DMV hearing decides a short list of issues set by statute. Having the actual evidence behind them, rather than assuming the officer’s report is complete, is what makes it possible to test them. If the suspension is sustained anyway, separate requirements govern getting your license back; see DUI license reinstatement.

If a DMV hearing is coming up and you want help requesting and reviewing the evidence, the Law Offices of David S. Chesley can take that on with you. Call (800) 755-5174.