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DMV Hearings Los Angeles

In California, an APS (Administrative Per Se) license suspension is a type of administrative penalty that can be imposed by the Department of Motor Vehicles (DMV) for a DUI offense.

If a driver is arrested for DUI and their BAC is at or above the legal limit of 0.08%, or if they refuse to take a chemical test, the arresting officer will issue them a notice of suspension or revocation of their driver's license. This notice serves as a temporary license for 30 days from the date of the arrest.

The driver then has ten days from the date of the arrest to request an administrative hearing with the DMV to challenge the suspension or revocation of their license. If they do not request a hearing within the ten-day period, their license will automatically be suspended or revoked at the end of the 30-day temporary license period.

At the administrative hearing, the driver can present evidence and arguments to challenge the suspension or revocation. If the DMV finds that the suspension or revocation was warranted, they will impose an APS license suspension, which can last anywhere from four months to three years, depending on the driver's prior record and the specific circumstances of the case.

It's important to note that an APS license suspension is separate from any criminal penalties that may be imposed for a DUI offense, and a driver may face both administrative and criminal penalties as a result of a DUI conviction.

Under California Law, when an individual is arrested for Driving Under the Influence it is standard procedure for the Police to take your Driver's License and hand you a pink Temporary License. Within that document is an admonishment that it is for you, the arrestee, to formally request a hearing to protect your driving privilege from a related DMV License Suspension Proceeding which is separate and apart from your criminal case. You have ten days to formally request this hearing or your right to drive is effectively lost. We recommend hiring counsel within this ten day period to preserve your DMV hearing rights and contest it keeping you driving legally during the pendency of your DMV case. With an effective and aggressive defense your driving privileges can be protected by our firm.

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