In California, when a person is arrested for DUI, their driver's license is usually confiscated at the time of the arrest. Once this happens, the person has only 10 days to request a DMV administrative hearing, also known as an administrative per se (APS) hearing, to challenge the suspension of their driver's license.
The purpose of the APS hearing is to provide the person with an opportunity to contest the suspension of their driver's license, and to provide the DMV with the necessary information to determine whether the suspension should be upheld or set aside. During the hearing, the person has the opportunity to present evidence and testimony to show that they were not under the influence of alcohol or drugs, or that the arrest was not lawful.
The hearing is conducted by a hearing officer, who is an employee of the DMV. The hearing officer is responsible for making a determination about whether the person's license should be suspended. The hearing officer can also make recommendations about other issues, such as the length of the suspension or the requirement of an ignition interlock device.
The APS hearing is a separate process from the criminal case, and the outcome of the hearing does not determine the outcome of the criminal case. However, the outcome of the hearing can impact the criminal case, as the evidence presented during the hearing can be used in the criminal case.
It is important to note that the APS hearing is a different process than the criminal case, and the outcome of the hearing does not determine the outcome of the criminal case. However, the outcome of the hearing can impact the criminal case, as the evidence presented during the hearing can be used in the criminal case.
In the event that the suspension is upheld, the person may be able to obtain a restricted license, which allows them to drive to and from work, school, or other necessary locations. If the person is convicted of DUI in criminal court, their driver's license will be suspended again, and the length of the suspension will be determined by the court.
In conclusion, an administrative per se (APS) hearing is a crucial step in the DUI process in California. It is important to understand that it is a separate process from the criminal case, and the outcome of the hearing does not determine the outcome of the criminal case. However, it is important to have an experienced DUI attorney to help you navigate the process, and to challenge the suspension of your driver's license, as well as to use the evidence in the criminal case. Attorney Monty Randhawa is well experienced in DUI matters in the City and County of San Diego. If you are charged with a DUI in San Diego, reach out to DUI specialist Monty Randhawa.
