Driving Under The Influence
DMV HEARINGS

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The Department of Motor Vehicles is a state administrative agency that imposes separate and distinct penalties from those imposed by the criminal state courts in relation to DUI/DWI offenses.

Per the Administrative Per Se [APS] Suspension law, the Arresting Officer is supposed to serve a notice of driving privilege suspension or revocation, otherwise known as an "APS Order", at the time a driver does any of the following:
  • Submits to a chemical breath test with results showing 0.08% or higher alcohol content. CVC 13382(a)
  • Submits to blood or urine test, and the officer reasonably believes that the results will show a 0.08% or higher alcohol content. CVC 23612(e)
  • Is under 21 years of age, and submits to a Preliminary Alcohol Screening [PAS] or chemical test with results showing .01% or higher alcohol content. CVC 13388(b)
  • Refuses to submit to a chemical test. CVC 23612(e)
  • Is under 21 years of age and refuses to submit to PAS, or if none available, a chemical test. CVC 13388(b)
The Arresting Officer is supposed to take possession of your original driver's license upon service of the APS order which is accompanied by a 30-day temporary license. If requested, a separate DMV hearing will be held to determine if you have committed a DUI/DWI violation. The hearing must be requested within 10 days of your DUI/DWI arrest.

The hearings are conducted by a Hearing Officer, who is often an employee of the DMV. In over-21 excessive BAC hearings, the Hearing Officer must prove the following:

  • The arresting officer had reasonable cause to believe that you had been driving while under the influence (or in violation of the per se BAC limits). CVC 23152 or 23153
  • That you were "lawfully" arrested
  • That you were driving a motor vehicle with a .08 or higher blood-alcohol level
If the hearing officer rules against you, your license could be affected in the following manner:

  • First Offense (4 month suspension) - After 30 days, you may be eligible for a restricted license unless you have a new arrest
  • Second Offense (Within 10 Years) - 1 year suspension
  • Third Offense (Within 10 Years) - 3 year suspension
  • Fourth Offense (Within 10 Years) - 4 year suspension
There are exceptions and ways to reduce the above mentioned penalties. And in rare instances, there are ways to avoid DMV penalties altogether. Contact the experienced attorneys at The Marquart Law Group to discuss your options.