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14 Dec

WHAT IS THE DMV 'ADMIN PER SE' SUSPENSION?

Posted by David Jones on Dec 14, 2017

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Arrested or given a citation for DUI?

Were you arrested for DUI in Fresno, Madera, Kings or Tulare County? Did the officer take your driver's license and give you a pink sheet of paper (30-day temporary driver's license)?

If that's the case, then 30 days after your arrest, your driver's license will be suspended.

This is the driver's license suspension that happens after a DUI arrest. Under the administrative license suspension program, otherwise known as “Admin Per Se” or APS, automatic license suspensions are used to deter drunk driving.

Under California law, the DMV is required to suspend the driver's licenses of anyone who is arrested for an alcohol or drug-related DUI, who:

  • Is on DUI probation and had a BAC of .01% or higher.
  • Has a BAC of .04% or above while operating a commercial vehicle.
  • Has a BAC of .08% or above while driving.
  • Refuses to take a chemical test to determine their BAC.
  • Fails to complete a chemical test to determine their BAC.

 What Happens Next?

You will receive an Order of Suspension from the officer, the pink paper. The officer will take your driver's license, which will be sent to the DMV to be destroyed. Your Order of Suspension is your temporary license that will be good for 30 days from the date of your arrest.

Once the 30 days are up, the suspension will go into effect for four months if your BAC was .08% or more and this was your first offense.

The APS suspension or revocation is separate from any penalties handed down from the criminal court, such as jail or fines.

This is important:

You have just 10 days from the day you receive the Order of Suspension/Revocation to request a DMV hearing to fight your APS suspension.  If you request a hearing, the automatic suspension of your license is stopped until the DMV makes a decision after the hearing.

A DUI defense attorney can request the hearing for you and represent you at the hearing, giving you the best chance of winning and saving your license.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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