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DUI and Department of Motor Vehicle (DMV) Consequences

Under the administrative license suspension law - "Admin Per Se" (APS) - the Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for driving under the influence of alcohol, or a combination of alcohol and drugs if:

If you are pulled over for a DUI and the officer determines your BAC is 0.08% or higher you will receive an APS Order of Suspension / Revocation from the officer, or the DMV will send you one. If you have a valid CA driver's license the officer will take it and send it to DMV. This order of Suspension / Revocation serves as your temporary driver's license and is only valid for 30 days from the date of issuance. Then the APS suspension / revocation action will go into effect.

You have 10 days from the time you receive this APS Order of Suspension / Revocation to request an APS hearing in order to show the DMV that the suspension / revocation is not justified. In order to attempt to have the suspension / revocation stayed (or delayed) you must request a hearing within 10 days from the issue date of the order.

Issues at the APS hearing:

It is your right to be represented at the APS by an attorney. Believe it or not, it may be possible for those who have a DMV APS hearing to keep their driver's license, usually if they are competently represented.

At the hearing, your need for a license cannot be considered, only the following issues will be discussed:

  1. If you took a breath or blood test (or urine if applicable) -
    1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of CA Vehicle Code section 23140, 23152, or 23153?
    2. Were you placed under lawful arrest?
    3. Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
  2. If you refused to take a breath or blood test (or urine if applicable) -
    1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CA Vehicle Code section 23140, 23152 or 23153?
    2. Were you placed under lawful arrest?
    3. Were you told that if you refused to complete a breath or blood test (or urine if applicable) your driving privilege would be suspended for 1 year, or revoked for 2 or 3 years?
    4. Did you refuse to complete the breath or blood test (or urine if applicable) after an officer requested you to do so?

How long does the suspension or revocation last?

If you submitted to a breath or blood test (or urine if applicable) and the results showed your BAC was 0.08% or higher: