Administrative License Suspension

Definition of Administrative License Suspension

California DUI law requires the immediate license suspension for any California licensed driver over the age of 21 who provides a breath or blood test which yields a result of 0.08%. In 1990, the 0.08% blood alcohol concentration (BAC) limit and administrative license suspension laws were implemented in California and were expected to reduce the incidence of drunk driving. The administrative license suspension law imposes an immediate driver license suspension on DUI offenders whose BAC was above the 0.08% legal limit. This administrative per se (APS) action allows the state to take quick action through a civil process taken independently of the criminal DUI charge.

The Administrative Per Se procedure allows the driver to request a DM Hearing within ten (10) calendar days of the California DUI arrest. If a DMV Hearing is not requested requested within ten (10) days, the driver's California driver's license will be suspended thirty (30) days from the date of the DUI arrest for a minimum of four (4) months on a first offense DUI case.

If the driver arrested for driving with a blood alcohol level of 0.08% has an out of state license, that person's privilege to drive in the State of California will be suspended thirty (30) days from the date of the DUI arrest for a minimum of four (4) months. The state which issued the driver's license may be notified through the Interstate Driver's License Compact and impose an additional penalty on the driver to whom the state issued a license.