Were you arrested for driving under the influence with a blood alcohol concentration (BAC) of .08% or above? Did the arresting officer take your driver license (where it will be sent to the Department of Motor Vehicles to be destroyed) and hand you a 30-day temporary license? If that’s the case, 30 days following the arrest, your driver license suspension or revocation will go into effect.
This is the automatic driver license suspension or revocation that happens after a DUI arrest. Under the administrative license suspension law, otherwise known as “Admin Per Se” or APS, automatic license suspensions or revocations take effect whenever a driver is found to have a BAC of .08% or higher.
Section 23152(b) of the California Vehicle Code reads: “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” But it doesn’t stop there. Under California’s Admin Per Se law, the DMV is required to suspend or revoke the driver licenses of people who are caught driving with a BAC of .08% or more, or who refuse a chemical test.
WHO DOES THE APS APPLY TO?
Under California law, the DMV is required to suspend or revoke the driver licenses of anyone who is arrested for 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
Upon arrest, you will receive an Order of Suspension/Revocation from the peace officer. Meanwhile, your driver 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 imposed by 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 represent you. We are Board Certified in DUI defense and handle DMV hearings all the time.