Were you arrested for
driving under the influence in Orange County, California? Did the officer snatch your driver’s
license (where it will be sent to the Department of Motor Vehicles to
be destroyed) and hand you a 30-day temporary driver’s license?
If that’s the case, then 30 days following your arrest, a driver’s
license suspension or revocation will take effect.
This is the immediate driver’s
license suspension or revocation that happens after a DUI arrest. Under the administrative
license suspension program, otherwise known as “Admin Per Se”
or APS, automatic license suspensions or revocations are used to deter
Who does the APS apply to?
Under California law, the DMV is required to suspend or revoke the driver’s
licenses of anyone who is arrested for an alcohol or drug-related DUI, who:
Is on DUI probation and had a
blood alcohol concentration (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/Revocation from the officer. Meanwhile,
your driver’s license will be sent to the DMV to be destroyed. Your
Order of Suspension/Revocation will include your temporary license that
will be good for 30 days from the date of issue.
Once the 30 days are up, the suspension or revocation 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.
We do not recommend representing yourself at this hearing. Instead,
contact an Orange County DUI defense attorney from our firm to handle this for
you. We are
Board Certified in DUI defense and handle
DMV hearings all of the time.