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Administrative Per Se Hearings

California Department of Motor Vehicles Administrative Per Se (APS) Hearings in the context of driving under the influence (DUI) cases are roughly divided into four basic types.  The most common APS Hearing if for a driver who is over 21 years of age who has been arrested for DUI and has taken a chemical test by blowing into an evidential breath testing device or submitting to a blood test.  The second most common Administrative Per Se Hearing involves an allegation that the driver arrested for DUI refused to submit to a chemical test as required by the implied consent law.  The third type of Administrative Per Se Hearing involves a person under 21 years of age who drove with a blood alcohol level of 0.01% as determined by a Preliminary Alcohol Screening (PAS) device result or other chemical test result in violation of the zero tolerance law.  The fourth type of Administrative Per Se Hearing involves a person on DUI probation who drove with a measurable amount of alcohol in their system in violation of California Vehicle Code Section 23154.