The official California DMV website offers a history of laws pertaining to California DMV APS license suspension. This information is accessible via the following link: http://www.dmv.ca.gov/portal/home/dmv.htm
In 1990, a new law was enacted allowing driver's licenses of people accused of driving under the influence to be suspended in a shorter amount of time. Prior to 1990, the DMV was forced to wait until one was found guilty in a Court of law and a summary of the Court's findings was delivered to the DMV.
Currently, in the State of California, if you are accused by law enforcement of driving under the influence, you are issued a DMV Form DS-367. This pink form details your requirement to contact the DMV within ten calendar days from the date of your arrest to request a hearing to determine whether or not your license will be suspended. It is vital to note this is ten calendar days and not ten business days .
Your failure to request an APS hearing within ten days of your blood test submission means your license will, in all likelihood, be suspended 30 days after your arrest, even if there has not been a completion of the blood analysis. Neglecting to request an APS hearing can result in you suffering a suspended license without the ability to contest it in an administrative hearing.
Retaining your ability to operate a vehicle should be important to you, and having an administrative hearing to contest your driver's license suspension should be given equal importance. Scheduling an APS hearing will typically extend your privilege to operate a motor vehicle in California until after the DMV Hearing Officer makes a decision after the hearing. This can actually take up to a few weeks after your administrative matter is heard. The DMV does make an attempt to expedite hearings, but often these hearings are scheduled out beyond 30 days.
The APS administrative hearing process is viewed as top-priority in our office. We seek to protect your right to operate a motor vehicle until your case is finalized. Also, it provides us with the data we need to construct a defense for your criminal case. We must determine if law enforcement had probable cause to believe you were driving while intoxicated at the time of your arrest. We also need to know the blood alcohol level. The blood alcohol levels that will automatically mandate suspension if you driving suspension is not contested are .08 for drivers of non-commercial vehicles, .04 for drivers of commercial vehicles and .01 for all drivers under 21.
Granted, there are other technical arguments which may be beneficial to your case. These are uncommon and will be discussed if applicable. Also, there are situations warranting our recommendation to not request an APS hearing. Reasons for this are specific to individual cases and are not the norm.
Your APS hearing can become increasingly important when you have an aggravated situation concerning your arrest. Some of the complications can include being under age 21, driving a commercial vehicle when arrested, chemical test refusal and having prior DUI convictions.
DUI DMV suspension precedents are broad, making it imperative you contact qualified professionals dedicated to facilitating the most favorable outcome. Further questions about the law and how it relates you your case are answered when you complete the contact the Law Offices of Jonathan Franklin for a free consultation.
