Drivers arrested for driving under the influence (DUI) of alcohol or drugs in the state of California have 10 days from arrest date to demand an Administrative Per Se (APS) hearing from the DMV to determine whether or not their driver's license should be suspended. The Department of Motor Vehicles case is independent of the criminal court case faced by the motorist. With the help of a criminal defense attorney with knowledge of DUI/DMV cases, actual punishments at this hearing might be restricted.
The DMV has the burden of proof at an APS hearing. They must prove by weight of existing evidence that the arresting police officer had a realistic belief that the driver was under the influence, that the arrest was legal, and that the driver had blood alcohol content (BAC) of .08% or higher while driving the motor vehicle. If all three of these facts can be proven, the license will be suspended.
The APS hearing officer serves as both prosecutor and judge. They will attempt to admit the sworn statement of the arresting police officer and supporting documents into the record. Your criminal defense attorney will argue to exclude these documents. They will contend that the documents should be classified as hearsay and therefore must be suppressed.
Once both sides have argued their cases, the DMV hearing officer reviews the case. The motorist gets the decision via USPS mail, typically in 7-14 days, but it is not unusual for 30 days or more to pass before the decision reaches the driver.
An Administrative Per Se (APS) hearing can result in one of two conclusions.
1. The most opportune result is for the DMV hearing officer to dismiss the action completely, including any revocation, suspension or restriction of the driver's license. This indicates that the DMV case is finished, and the motorist can get a duplicate license from the DMV without cost.
2. The second potential conclusion is an Administrative Per Se action, which signifies the revocation, suspension or restriction of driving privileges. The DMV hearing officer may inflict particular requirements that must be met before driving privileges will be restored, such as attendance at alcohol education classes for three to 30 months. The duration of the class depends upon the prior number of DUIs and/or APS suspensions the motorist has had in his/her past.
An Administrative Per Se action also indicates that the motorist must submit formal proof of insurance, or SR-22, with the DMV. This condition may be imposed for at least 36 months.
The punishment of an ineffective Administrative Per Se (APS) hearing at the DMV is harsh, but can be avoided with the right type of help. California criminal defense attorneys at the Law Offices of Rizio & Nelson have extensive experience defending DUI and DMV cases and will work to lessen or get rid of the penalty forced by the DMV at an APS hearing.
The punishment for an ineffective Administrative Per Se (APS) hearing at the DMV is harsh, but can be avoided with the right type of help. California criminal defense attorneys at the Law Offices of Rizio & Nelson have extensive experience defending DUI and DMV cases and will work to lessen or get rid of the penalty forced by the DMV at an APS hearing. Let the Inland Empire’s premier DUI defense attorneys help you. Our legal team is here all day, every day, so don’t wait another minute to call and schedule your free initial consultation!
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