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Why Should I Schedule an Administrative Per Se/DUI Hearing?
If you have been arrested for DUI in the State of California, no matter where you are from, an administrative law process has already begun that is designed to strip you of your driving privilege. California’s Administrative Per Se Law calls for the immediate suspension or revocation of a person’s driving privilege in California based on nothing more than a Law Enforcement Officer’s belief that you operated a motor vehicle with a blood alcohol concentration of .08% or greater.
Make no mistake, the intended suspension or revocation of your driving privilege WILL HAPPEN unless you work quickly to stop it. In California, the only way to reverse the Administrative Per Se suspension of your driving privilege is to contact the Department of Motor Vehicles (DMV) within the first 10-Days following the arrest to request an Administrative Per Se (APS) Hearing.
What Happens if I Don’t Schedule an Administrative Per Se/DUI Hearing at the DMV?
What most drivers don’t realize is that when they are arrested for DUI in California, and if the arresting officer believes that you were driving with a blood alcohol concentration of .08% or greater, your driver license is suspended or revoked the moment he places you into handcuffs. The suspension is instantaneous because California’s Administrative Per Se Law calls for the immediate suspension of your driving privilege based on nothing more than an officer’s suspicion.
The automatic stripping of an important property right without Due Process is a BIG DEAL! The California Legislature recognized the weight of allowing the government to act without restraint and so wrote a provision into the Administrative Per Se Law, which permits a driver the opportunity to defend themselves before the automatic suspension or revocation of the driving privilege goes into effect.
When an accused person is released from police custody, their California Driver License is to be seized by the arresting officer (California Peace Officers are not authorized to seize any driver license issued by another state). When seizing the driver license, the officer is then directed to issue a “Notice of Suspension” (DS-367) to the affected driver. The “Notice of Suspension” is a horribly prepared document but it essentially advises the driver of 3 important facts:
- The driver is advised that the DMV is acting to suspend or revoke their driving privilege.
- The driver is advised that, as long as their original driver license was valid, they may continue to drive for 30 days under the authority granted by the “Notice of Suspension.”
- The driver is advised that if they wish to prevent the suspension or revocation of the driving privilege, they must contact the DMV within the first 10-Days following the arrest to schedule an Administrative Per Se Hearing.
When a driver fails to contact the DMV” icon
When a driver fails to contact the DMV within the first 10-Days following their arrest for DUI, the DMV considers it a forfeiture of the right to a hearing and the suspension will go into effect.
California Vehicle Code section 14103 reads…..”Failure to respond to a notice given under this Chapter within 10 days is a waiver of the right to a hearing.”
So, if you have been arrested for DUI in the State of California, and if you fail to contact the DMV within the first 10-Days following the arrest to Schedule an Administrative Per Se Hearing, the automatic suspension of your driving privilege will automatically go into effect in 30 days when the “Notice of Suspension” expires. Essentially, this means you have accepted the government’s seizing of your driving privilege without a fight. No one should let this happen.
Whenever the DMV suspends or revokes a person’s privilege to drive in the State of California, it triggers a series of penalties that can be quite unpleasant. Classically, the suspension or revocation of a person’s driving privilege will:
- Completely remove the driver from the road for a period of suspension.
- Require a period of “restricted” driving.
- Require the filing of an SR-22 Insurance Form.
- Require the attendance and completion of a California approved DUI School.
- Require the payment of a re-issuance fee.
- In some instances require the installation of an Ignition Interlock device.
- For a Commercial Driver, revoke their privilege to operate a commercial vehicle for one-year, or for life if the DUI arrest is a 2nd
Administrative Per Se Hearings are complex and frustrating examples of our justice system, but handled appropriately, they can be won. Remember, the suspension of your driving privilege is automatic…..Defending yourself is not. Telephone the DMV Defense Experts at California Drivers Advocates now and let us begin working to protect your driving freedom.