California’s administrative license suspension/administrative per se suspension (APS) automatically applies after a driver is arrested for a suspected driving under the influence (DUI) and their blood alcohol concentration (BAC) is 0.08% or higher. Or when a driver refuses a chemical test after a lawful DUI arrest.
Here is what you should know about this suspension:
You can contest it
A police officer will immediately confiscate your license and issue a 30-day temporary license, which is often pink. You can drive using this temporary license for 30 days after it’s issued.
You have the right to request a DMV hearing within 10 days of the arrest to contest the suspension. This will be followed by the DMV reviewing your case. You will also receive the police report, chemical test results and any other evidence the DMV has to review during the discovery phase.
A hearing date will then be scheduled. During the hearing, a DMV hearing officer will determine whether the officer had reasonable cause to stop you, if the arrest was lawful and if your BAC was 0.08% or higher.
If the officer determines there is no basis for the suspension, it will be set aside. You will be notified in writing. If you lose the case, the suspension on your license takes effect immediately. The temporary license will also no longer be valid.
Note that the 30-day temporary license will be extended until the date of the hearing decision. Thus, requesting a hearing places a ”stay” or “pause” on automatic suspension.
If you fail to observe the 10-day deadline for requesting a DMV hearing, you waive the right to challenge the suspension. Your license will be suspended automatically when your 30-day temporary license expires.
Losing your driving privileges can significantly affect your daily routines. It’s crucial to know the steps to take immediately after a DUI arrest to protect yourself.