Most people arrested for suspicion of DUI will be surprised to know they actually have two issues they need to address:
- They have to defend themselves against a prosecution by the City Attorney or District Attorney; and
- They will have to defend themselves against an action by the Department of Motor Vehicles (DMV) to suspend their driving privileges.
The Administrative Per Se Hearing or APS hearing determines whether or not a license will be suspended. Typically, someone is arrested for DUI when they give a breath test with a reading of .08% or higher. The officer will immediately take the driver's license, pursuant to California Vehicle Code Section 13382.
The officer will then serve a notice of order of suspension or revocation of the license (DMV DS-367). Once the officer serves this order of suspension or revocation, he or she will issue a temporary driver's license. This temporary driver's license will contain steps required to challenge the suspension. The temporary driver's license is effective for 30 days from the date of arrest. If an APS hearing is requested within 10 days from receipt of the notice to suspend the license, the license suspension will be stayed pending the outcome of the APS hearing.
If someone provides a blood or urine test, the process is the same, even though the test results will be unknown for some time. If someone refuses a test, the same process will occur – license confiscated and suspended. However, the consequences for refusing a test under California Vehicle Code Section 23146 (implied consent) are more severe, which can include automatic license suspension for a minimum of one year. Learn about immediate suspension by reading the California Vehicle Code Section 13353.2.
If you need a legal representative for a DMV Hearing or APS Hearing in San Diego County, then please don't hesitate to contact my firm, Kern Law, APC! I have nearly a decade of experience in criminal law and have successfully defended a number of cases related to DUI. Call now!