As of this writing, it’s been over 25 years since California enacted
the automatic driver’s license suspension law for drunk drivers,
also known as the “Administrative Per Se (APS)” driver’s
license suspension law.
Back in 1990 when a lot of our clients were barely in elementary school,
Iraq invaded Kuwait and the United States started sending troops to Kuwait
under Desert Shield. During this time, the U.S. experienced a bad recession
and on a lighter note, the
Simpsons first aired on
As the recession and the war pressed on, and as the
Simpsons won the hearts of millions of families, California implemented the APS
law, making it the 28th state to adopt such a law.
As of August of 2015, 42 states had “on-the-spot” or automatic
suspension laws for drivers with a
blood alcohol concentration (BAC) of .08%, and all 50 states had enacted laws that made it illegal
to drive with a BAC of .08% or higher.
The California APS law requires that:
- The California Department of Motor Vehicles suspends or revokes the driver’s
license of all drivers with a BAC of .08% or higher.
- The DMV suspends or revokes the driver’s license of all drivers who
refuse a chemical test when they are arrested for DUI.
In 1994, California Enacts its ‘Zero Tolerance Law’
In January 1994, the state of California took its DUI laws a step further
by enacting the state’s “zero tolerance” law for drivers
under the age of 21. Under California’s
zero tolerance law, the DMV is required to suspend the driver’s license of drivers
under the age of 21 who: 1) have a BAC of .01% or more, or 2) who refuse
to submit to or fail to complete a
The 30-Day Driver’s License
When someone is arrested for DUI under the APS law, they will be afforded
“due process” under the law. The DUI defendant will be issued
a 30-day temporary driver’s license, which is meant to give the
defendant sufficient time to challenge their license suspension through
the DMV hearing.
If you were arrested for
DUI under the APS law, you have just 10 days from the date of the arrest to
schedule your DMV hearing. If you fail to schedule this hearing, your
license will be suspended automatically. Contact us so we can represent
you at the
DMV hearing and fight for your license!
For more information about California’s Admin Per Se law,
If you were arrested for DUI in Orange County under California’s
APS law (your BAC was .08% or more),
contact our office for a free consultation with the DUI Queen!