Administrative Per Se Hearings – DMV License Suspension Hearings
If you are arrested for a DUI in California, you have the right to request an Administrative Per Se (“APS”) Hearing with the California Department of Motor Vehicles within 10 days from the date of your arrest. More importantly, you ONLY have these ten days from arrest to request the APS Hearing and a stay on the suspension of your license pending the APS Hearing. If granted, a stay on the suspension of your license means that you will be issued a temporary license pending the outcome of your APS Hearing. A stay on the suspension of your license will be granted if the DMV cannot provide an APS Hearing within 30 days of your arrest.
It is important that you contact the Redwood City based, San Mateo County DUI lawyers at Ahmed & Sukaram, Attorneys at Law, so that we can help you obtain a stay on the suspension of your license (the DMV rarely provides an APS Hearing within 30 days of arrest), as well as, an APS Hearing. The purpose of the APS Hearing is for the DMV to determine whether or not cause exists to suspend your driving privileges. In cases where the DUI arrestee submitted to an implied consent test, i.e., blood, breath or urine test, the issues for the DMV to determine are:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC §§23152, 23153, or 23154?
- Were you lawfully detained while on DUI probation or lawfully arrested?
- Were you driving a motor vehicle when you had: 0.01% BAC or more by weight of alcohol while on DUI probation; 0.04% BAC or more by weight of alcohol while driving a commercial vehicle; or 0.08% BAC or more by weight of alcohol?
If it is alleged that you refused to submit to an implied consent blood, breath or urine test, then the final issue for the DMV to resolve at the APS Hearing is:
- Did you refuse to submit to or fail to complete a chemical test, or PAS test (if on DUI Probation) after being requested to do so by a peace officer?
It is important for you to know that the APS Hearing is conducted by a “hearing officer.” This hearing officer is an employee of the DMV. Amazingly, the “hearing officer” is also the person who decides whether or not he or she has proved his or her own case against the driver! To make matters worse, this “hearing officer” is not an attorney or a judge who is trained in the law or the rules of evidence.
If these don’t sound like fair odds to you, then you understand why you need the experienced Redwood City DUI lawyers at Ahmed & Sukaram, Attorneys at Law on your side. We know how the DMV conducts business at these APS Hearings and we know what it takes to win. It is not automatic that the DMV will suspend your license. Contact us today so that we can represent you in your APS Hearing and criminal DUI case.