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The DMV APS Hearing

Considered the most important part of building a DUI defense by experienced DUI attorneys, preparation for a DMV Hearing is just as important (if not more important) as the Court case itself.  A proper investigation for this is integral to building a defense in any DUI case.  In order to fight this suspension, you MUST request a DMV Administrative Per Se (APS) Hearing with the appropriate Driver Safety branch office within 10 days from the date of your arrestIf you have been arrested for Driving Under the Influence (DUI), you must take immediate action to protect your driving privilege by requesting a DMV APS Hearing immediately after an arrest. If you fail to do so, the California Department of Motor Vehicles will likely suspend your driver’s license for four (4) months or longer depending on circumstances such as prior convictions and other aggravating factors.

When a person is arrested for DUI, the police officer confiscates the drivers license and issues a (Pink) Temporary License/Order of Suspension at the time of release from custody. This “temporary license” contains the notice of the DMV APS Hearing 10-day request deadline, in the fine print.

The “Pink” Temporary License expires 30 days from the date issued unless action is taken immediately after the arrest. If a request for a DMV APS hearing is timely made to the appropriate DMV – Driver Safety Office, the suspension of the driving privilege may be postponed until the final determination of the DMV Administrative Per Se hearing. If the arrested person fails to request a DMV APS hearing with the DMV within the 10 day time period, generally, the right to a DMV APS hearing is waived and the DMV will suspend or revoke the driver license if tests results show a .08% or greater BAC.  Please remember that the 10 days are calendar days, NOT business days.

The DMV APS hearing and its procedures are complicated and the DMV APS action is completely independent of the criminal court case resulting from the DUI/DWI arrest. This means that it is a bad idea to sit back and do nothing, simply waiting for your first court hearing to arrive. By that time, your license could be suspended based on the DUI arrest, alone. It is in your best interest to hire a DUI Defense Attorney, prior to contacting the DMV for a DMV APS hearing, and having that DUI defense attorney properly investigate and prepare your case for presentation at the DMV APS hearing. Many drivers arrested for DUI mistakenly believe that if their blood or breath alcohol test was 0.08% or more they will automatically lose their license. There are a number of logical, technical and/or scientific defenses which can result in the DMV APS hearing action against your driver license being set aside (dismissed) – these defenses include, but are not necessarily limited to:

  • Having a malfunctioning breath test machine used to take your breath sample,
  • An unlawful blood draw,
  • Rising BAC level
  • Insufficient Probable Cause for conducting traffic stop
  • Insufficient Probable Cause for arrest,
  • And more!

If you do nothing, your driver license will almost certainly suspended or revoked as soon as the “Pink” expires.

A skilled DUI defense attorney is experienced in how to properly prepare for a DMV APS Hearing and will handle the investigation and presentation of your case.  Our DMV APS Hearing attorneys will personally contact the DMV on your behalf and schedule your DMV APS hearing, as well as take the necessary steps to make sure that your case is defended properly. If you are now at the 10 day limit, you must speak with a DMV APS Hearing Attorney today to preserve your DMV APS hearing rights and possibly save your license from suspension altogether. If you call DMV Driver Safety, be sure to request a Stay of the action against your license, request a copy of all “Discovery” and be sure to take notes of your telephone conversation with the DMV and write down the name of the DMV clerk you spoke with, as well as the date/time of your call.

To ensure prompt, efficient and aggressive DMV APS Hearing defense, it is important to discuss your case with a DMV APS Hearing Defense Attorney who can advise and counsel you and your loved ones throughout the entire process.  Contact us today for your consultation.

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