California Administrative Per Se Law
Administrative Per Se
California implemented an immediate driver
license suspension law
for drivers arrested for
driving under the influence
of alcohol while having a blood alcohol level of 0.08% in 1990. This law is also referred to as the Administrative Per Se (APS) license suspension law. The APS law requires the Department of Motor Vehicles (DMV) to suspend or revoke the driving privilege of any person who is arrested for driving under the influence who provides an
evidential breath test
which indicates a blood alcohol concentration (BAC) of .08% or more, who submits to a
following a DUI arrest, or who
refuses a chemical test
after being arrested.
Administrative due process is provided by the California Highway Patrol Officer or local Police Officer issuing a thirty (30) day temporary license intended to provide the driver with sufficient time to challenge the license suspension by way of a DMV Hearing. The driver or the driver's attorney must request a DMV Hearing within ten (10) calendar days of the DUI arrest or the license suspension
will be imposed thirty (30) days from the date of the arrest. Those who are arrested for DUI whose cases are dismissed for insufficient evidence or whose DUI cases are never charged by the prosecuting attorney may request an APS dismissal hearing to consider setting aside the associated APS action.
Pursuant to the .08% APS law, when a driver submits to a chemical test and tests at or above 0.08% and has no prior DUI convictions or APS actions within 10 years, a four (4) month license suspension is imposed. Following a thirty (30) actual suspension, the law provides for a restricted license if the driver provides proof of insurance, proof of enrollment in an approved California DUI school
, and pay a driver's license reissue fee of $125. The restricted driver's license allows for driving to and from an alcohol treatment program, to and from work, and in the course of employment.
If a driver refused a evidential chemical test, a one (1) year license suspension is imposed for a first offense, a two (2) year revocation is imposed for a second offender refusal, and a three (3) year revocation is imposed for a third or subsequent refusal within ten (10) years. There are no provisions for a restricted driver's license following a chemical test refusal allegation found to be true.