With the amount of legal woes that can quickly pile up, the immediate fallout from a DUI can be confusing and devastating. As a way to further deter drunk driving, California became the 28th state in 1990 to implement an additional law known as “Administrative Per Se” (APS).
APS comes into effect in California after a person refuses or fails a chemical test to determine Blood Alcohol Content (BAC). As part of the penalties, officers will confiscate your drivers license, and issue an Order of Suspension/Revocation in return. The order includes a 30 day temporary license.
The APS suspension/revocation is independent of any other criminal charges, and can occur in addition to fines, jail time, or a court-mandated license suspension or revocation.
The Department of Motor Vehicles (DMV) reviews the APS suspension by looking at traffic, collision and/or officer reports. If they find the suspension unwarranted, the case is set aside. Otherwise, the Order of Suspension/Revocation will come into effect after the 30-day period.
First time offenders under the law often see their licenses suspended for four months. Those with one or more offenses over 10 years can face a suspension of one year. Drivers already under court ordered probation relating to DUI can see suspensions and or revocations ranging from one to three years.
Drivers have 10 days to request a hearing to challenge the justification of the APS penalties after receiving their Order of Suspension/Revocation.
The APS penalties can be delayed if a hearing can not be scheduled within the 30-day window, and if the driver requests a hearing within 10 days after receipt of the Order of Suspension/Revocation.
Working with a lawyer through the justification process is highly advantageous, as drivers can get access to the DMV’s evidence, and retain the right to subpoena any witnesses that can help their case.
All fees are required to be paid for by the driver, but an attorney is allowed to be a representative at the hearing. Statistics show that an estimated 9.54% of cases were set aside in 2014.
Drivers must pay a fee to the DMV, file proof of financial responsibility, and maintain financial responsibility for three years to get driving privileges back if they find their license suspended or revoked under the APS law.
APS cases are unique, and can often vary wildly between different drivers. Consultations at our law office are always free. If you find yourself facing an Order of Suspension/Revocation, make sure to call our office at 800-797-8406 within 10 days of issuance so we can work with you to request a hearing.
