DUI DMV Hearing

DUI-DMV HEARING

When a person is arrested on suspicion of driving under the influence the arresting officer will physically seize the driver’s California driver’s license and will inform the driver that his or her license will be suspended in 30 days.

The driver must file within 10-days from the arrest with the DMV Driver Safety Office, in order to challenge this suspension.  If the intent to challenge the suspension is timely filed, the administrative per se (“APS”) hearing will be calendared.

How is the DMV APS hearing different from the court trial for DUI?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.

Only the following issues will be discussed during the APS Hearing:

If you took a blood or breath or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
  • Were you placed under lawful arrest?
  • Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
  • Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?