(2) The person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test. (1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood.
(a) The department shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons:
The authority for the DMV to suspend a person’s driver license based on an alcohol-related driving offense is found in Vehicle Code § 13353.2: At that time, your license suspension will either be re-imposed, or lifted. You may hire a forensic toxicologist or any other expert witness to testify in order to prove your BAC was not the required concentration.Īfter the hearing, the DMV will send via mail a written notice of decision explaining the decision s/he has made. At the hearing, you are called the respondent, and you have the right to call witnesses and examine them, subpoena witnesses, present evidence, cross examine the DMV’s witnesses, and make argument regarding the three issues. You may also request that the hearing be conducted telephonically. You are entitled to an in-person hearing if you choose. Somehow, non-judges are given this awesome power of being both the judge and jury in a decision that could result in the loss of probably the most important “privilege” any American has: the privilege to move freely in a personal vehicle.Īt this hearing, as stated above, three issues are argued. If you’re wondering how they can be neutral and fair, and how this isn’t a violation of due process, you wouldn’t be alone. Interestingly, DMV hearing officers are both the judge and prosecutor in your DMV case. You may also have a non-lawyer represent you or you may represent yourself. You have the right to have a lawyer represent you at DMV hearings, however, this service is not provided for you and is at your own cost. Suspension length varies depending on what your BAC was and how many prior DUIs and wet-reckless convictions you have, and/or prior APS hearings you have lost You must hire your own private attorney.Īgain, this is a separate and independent action from the court (criminal) action, and if your hearing is lost, your license will be suspended.
You are entitled to have a lawyer represent you at this hearing, but one will not be appointed to you. Thereafter, the officer will issue you a pink temporary driver license which is also supposed to serve as the your notice that you have 10 days to request a DMV Administrative Per Se Hearing to contest the impending suspension of your driver license.Īt an APS (Administrative Per Se) Hearing, a DMV Hearing Officer will determine whether your license should be suspended. Under its “stop and snatch” authority, the officer will seize your driver license at the time of arrest as an agent of the DMV. Code § 23152(a) & (b)), in addition to likely facing criminal DUI charges, you will face a separate DMV action against your driver license. If you are cited for a violation of one of the alcohol-related DUI statutes (most commonly Veh.