DUI Legal News

FEB 9, 2016

How do I protect my drivers’ license after being charged with a DUI?

SHORT ANSWER

An Administrative Per Se (APS) hearing should be requested through DMV within 10 days of arrest to protect your driver’s license. If the APS hearing is requested wthin 10 days of arrest, suspension of your license will be delayed at least until the APS hearing date.

LONG ANSWER

If you’ve been charged with a DUI, contact the local driver safety office immediately to request an Administrative Per Se (APS) hearing. Failure to request a hearing within 10 days of arrest will result in an automatic suspension that will take effect in a month or so. However, if a hearing is requested, DMV will delay your suspension at least until the APS hearing date.

To be clear, requesting an APS hearing does not guarantee that the DMV will not eventually suspend your license. Requesting the APS hearing merely provides an opportunity to argue that your license should not be suspended administratively. However, these hearings are extremely difficult to win.

To find your local driver safety office, click the link below:

https://www.dmv.ca.gov/portal/dmv/1dmy&urile=wcm:path:/dmv_content_en/dmv/
fo/dsolistings#Sacramento


CAVEAT

The criminal court may impose a license suspension independent of the DMV APS action upon conviction of DUI.



©Law Office of Ryan T. Kocot