What are DMV Administrative Per Se (APS) Hearings?

IF YOU HAVE BEEN ARRESTED FOR DUI, YOU HAVE ONLY 10 DAYS FROM THE DATE OF YOUR REQUEST TO STOP AN ADMINISTRATIVE LICENSE SUSPENSION.  CONTACT THE DMV OR A DUI ATTORNEY IMMEDIATELY.

Everyone dreads dealing with the DMV.  Going in to register a car, replace a lost driver's license and the like can be a stressful, time-consuming experience.  Driving is an important privilege in California, and dealing with the DMV is a must.  DMV Administrative Per Se (APS) hearings are no different.  But like most trips to the DMV, this hearing is often unavoidable if you wish to preserve your driving privilege following an arrest for Driving Under the Influence (DUI).

If you've been arrested for DUI, and the officers suspect that your blood alcohol concentration (BAC) is above .08 (the legal limit in California), your driver's license will be taken away on the spot.  In its place, the officer will send you home with a pink sheet of paper that serves as your temporary license for 30 days.  Upon expiration of the 30 day temporary license, your driving privilege will be suspended for a period of 4 months.  And you will not be eligible for a restricted license (to drive to and from work/school/DUI program) until you have served 30 days of that hard suspension.  If you refused to submit to a chemical test, instead of a 4 month administrative suspension, you face a 1 year license suspension if you do not win your DMV hearing. 

Luckily, you have 10 days from the date of arrest to set up a DMV Administrative Per Se (APS) hearing.  You have a right to be represented by a California DUI Lawyer.  At this hearing, you, or preferably an experienced DUI attorney will be able to argue to preserve your driving privilege and stop the administrative suspension.  Even if you later win your DUI case in court, if you did not have an APS hearing, you will suffer a license suspension. 

If you did submit to a blood, breath, or urine test, the issues at your APS hearing will be:
1.  Whether the officer had reasonable cause to believe that you were driving in violation of VC sections 23152 or VC 23153 (Calfironia's DUI laws).
2.  Whether you were placed under lawful arrest.
3.  Whether you were driving a motor vehicle with a BAC of .08 or higher.

If you refused a chemical test, the issues at your APS hearing will be:
1.  Whether the officer had reasonable cause to believe that you were driving in violation of VC sections 23152 or VC 23153 (Calfironia's DUI laws).
2.  Whether you were placed under lawful arrest.
3.  Whether the police properly admonished you of the consequences of a chemical test refusal (that your driving privilege would be suspended for one year
4.  Did you actually refuse to take the test. (one refusal, even if you later offer to submit to the test, is enough to constitute a refusal and trigger the one year license suspension)

These are complex issues that many attorneys (and even many DMV hearing officers) do not fully understand.  You need a knowledgeable, passionate attorney to fight for you in your case.  If you've had your license taken away due to a DUI arrest, contact our office immediately for a free consultation at 323-803-4352.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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