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.
Talk to A Lawyer Today
Call our office at 877-985-0002 to speak with an attorney today or fill out our form on our website.
Our California Traffic Attorneys
Hiring an attorney to defend your traffic ticket may mean the difference between a conviction and a dismissal. With high fines, DMV points and your license at stake, you need an experienced traffic law firm to handle it. Our traffic attorneys are the best in the business because:
We know the law and procedure that govern traffic law and traffic courts. We use the knowledge we've gained to get an advantage in court. Knowing the right legal maneuvers may mean the difference between a conviction and a dismissal.
We go to court for you
Under Penal Code 977 we can make all your court appearances without you having to be present. In most cases, you will never have to go to court. We appear on your behalf and represent you to the fullest extent of the law.
Hiring an attorney doesn't have to be expensive. Our fees are reasonable because we have designed our business to be efficient. Many clients actually save money because they have hired our law firm.
Got 3 speeding tickets And a seatbelt ticket dropped to just one traffic school these guys are great!
Used ticket king a year ago for a speeding ticket and they got it dismissed!! Love ticket king! Saved me $300!
These guys are great. They got my ticket dismissed with almost no involvement from me. I would definitely recommend them to all my friends and family
I got a speeding ticket and called California Ticket King to take care of it. Not only did it save me time.....it saved me money and my ticket was dismissed. I would recommend them to anyone...I would use them again in a minute. Hope I don't have to but you never know. They are the best and worry free. Thanks California Ticket King..... Janest
Speeding ticket DISMISSED for only $99... The best hundred bucks I ever spent! Wooohoooo. Thanks again San Diego Ticket King!
Can’t emphasize how much Scott Hullinger, Attorney at Law does for his and her customers. He is professional and top notch. I highly recommended his services.
One of the best decisions I have made. The process was simple and they handles everything. You are fool if you don't utilize the King
When you slip in life, they're there to catch you.
I would definitely recommend Scott and I hope I won't get another ticket but if I ever do, I will hire him immediately he's not only polite, dedicated but very professional. I am really happy with the results of my traffic violation ticket. Thank you Scott
Great price, perfect result. Thanks so much.
Very responsible attorney, and Thanks to work on my latest 2 tickets, and both are dismissed. Recommend!
I received 2 tickets in one month. One for illegal u-turn and the second for speeding on the freeway. ( bad month) I was going to fight them myself but hired SD ticket king instead. They got both dismissed! I paid $198 instead of $1100+
California Ticket King went above and beyond to help me with my issues. Highly Recommended. Extremely Professional.
Have been using there services for 4 years now 3 tickets later & still no points on my record all tickets dismissed!
Not sure how you guys did it. I was doing 86 in a 65 going north on the 15. Motorcycle Cop busted me on radar. Pretty clear if you ask me. $450 ticket. This process couldnt have been simpler. Didn’t have to do anything other than scan the ticket and give a brief description of what happened and email it. Got this today in my email 🙂 ---------------------- Dear Kenan, I am pleased to inform you that we successfully dismissed your ticket. I've attached a copy of the court docket for your records. You don't need to do anything further. Thank you for using our services. Please let us know if you have any other questions or concerns. Sincerely, Pablo Fabian -- Hullinger, Speredelozzi & Fabian, APC ----------------------
These guys are awesome. Got me out of a hefty ticket a few years back. Money well spent.
Had two redlights turn tickets in vista about a week apart from eachother, they ended up getting both dismissed 2 thumbs up ++++ i would have ended up paying 1,000
Amazing! San Diego Ticket King got my $500 red light ticket dismissed! Thank you!
Glenn Prentice--These are the best---going a steep down hill grade on I-8 I was busted by the CHP going 84 in a 70mph zone . They were very honest with me--giving me a 50% chance of dismissal---They did cade was dismissed--Thank you very much ticket King!
Saved me time and money. Hopefully I don't need to use this service again but if I do I will be a happy returning customer.