Administrative Per Se Hearing – DUI License Suspension
If you have been arrested for suspicion of DUI, the California Department of Motor Vehicles (DMV) WILL try to suspend your driver’s license. However, because of the Due Process Clause of both the Federal and California Constitutions, you have a right to a hearing to determine whether or not your license will be suspended. This hearing is called an Administrative Per Se hearing, aka “APS Hearing.”
You Must Act Quickly
If during the arrest, the arresting officer confiscates your license and serves on you a temporary license (DMV form DS-367) you have only 10 days to schedule your APS hearing, or the DMV will automatically suspend your license without a hearing.
DMV’s Authority to Suspend License
You may be served an APS Order based off several grounds:
- BAC 0.01% or Higher and Driver Under 21 yrs old – VC 13353.2(a)(2)
- Driving with 0.01% BAC or Higher and on DUI Probation – VC §§ 23154 & 13353.2(a)(4)
- Driving Commercial Vehicle with 0.04% BAC or Higher – VC §§ 13557(b)(2)(C)(iv) & 13353.2(a)(3)
- Driving with 0.08% BAC or Higher – VC § 13353.2(a)(1)
- Refusing to Submit to “Chemical Test” – VC § 13353
- Refuse a P.A.S (preliminary alcohol screening) if Under 21 or On DUI Probation – VC § 13353.1
3 Factors Determine License Status
Once law enforcement takes your license the DMV is obligated to hold a hearing to determine whether the officer was justified. In order to validate the officer’s actions, the DMV officer must determine three issues:
- Whether there was Reasonable Suspicion to detain the defendant/licensee,
- Whether there was Probable Cause to Arrest the defendant/licensee,
- Whether the defendant/licensee’s BAC was 0.08& or higher at the time of driving.
An answer of No to any of the above entitles the licensee to a “set aside” and reinstatement of their driving privilege immediately after the ruling.
Our lawyers are the authority on preventing DMV license suspensions. We dedicate our practice to protecting our clients’ licenses. Our DMV Administrative Per Se hearing includes everything you need to help save your license including
- Contacting the DMV on your behalf to schedule the hearing
- Requesting a “Stay” on your license suspension so you can keep driving while the hearing is pending
- Demanding that the DMV disclose all its evidence prior to the hearing
- Evaluating the evidence and the case to determine the best strategy at the hearing
- Securing any witnesses for the hearing which may include the arresting officer or an independent toxicologist that may be able to provide helpful testimony
- Conducting a fully contested DMV APS hearing to convince the DMV to “Set Aside” the license suspension.
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