The DMV has set forth a myriad of ways to take a person's drivers license in the state of California. Among the most common are the negligent operator statutes and the administrative per se (APS) laws dealing with suspension of a driving privilege following a DUI arrest. On this page we will deal primarily with the APS rules and regulations and explain the best way to save your license after you have been arrested for drunk driving or driving under the influence in California. The "APS" suspension starts when the driver is served with a notice of suspension or the pink piece of carbon copy paper which also serves as a temporary license.
First off, it is important to understand that when we speak of a "drivers license" within the context of this discussion, we are speaking of the driving "privilege" that the state gives its drivers. Even if you do not have a California drivers license, the state DMV can take away or suspend your privilege to drive within its borders. This kind of situation comes up frequently when an out of state driver gets arrested for a DUI and has an out of state drivers license but no CA license. With regard to APS suspensions, it is the "privilege" that is at issue, not the physical license.
The APS process begins with the service of a notice upon the driver following an arrest for DUI. The police officer takes the individual's California license and gives then back a notice of suspension and temp license that is good for a period of 30 days. The document also explains the very important hearing information relating to the action. In short, the person ha s only 10 days after reciept of the paper to ask for a DMV hearing, if there is no request within this very crucial period of time the person is barred from challenging the suspension forever and the suspension kicks in thirty days after the notice.
It is at this stage an attorney becomes necessary. The DMV hearing is an adversarial proceeding with the DMV acting as its own prosecutor, without an attorney on your side you stand very little chance of prevailing and saving your drivers license.
Our Law Firm has handled literally thousands of APS hearings for clients over the last two decades. Ou success rate for DMV hearings is unmatched and we can often save a client's diving privilege most of the time if the individual contacts us shortly after the arrest. Call our DMV hearing lawyer today for a complimentary consultation about your DUI arrest and ways to keep your license, toll free at 1-877-204-5953.