DRIVING UNDER THE INFLUENCE:
IMMEDIATE DRIVER LICENSE SUSPENSION

DRIVERS AGE 21 AND OLDER

ADMIN PER SE IMMEDIATE DRIVER LICENSE SUSPENSION (also known as the “On The Spot“ License Suspension): The administrative license suspension program, know as “Admin Per Se” (APS) was signed into law in 1990 as a stronger deterrent to drunk driving. In 1994 a companion law, known as the “Zero Tolerance Law” was implemented which requires DMV to suspend the license of any driver under the age of 21 with a BAC of .01% or who refuses to complete a screening test. The following information is a general guide for drivers subject to an APS driver license (DL) suspension revocation. Keep in mind, not all cases are the same, and this guide may not provide you with the information you are seeking.

WHO IS AFFECTED? The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for driving under the influence of alcohol or a combination of alcohol and drugs (DUI), who:
Takes a breath test which shows a Blood Alcohol Concentration (BAC) level of 0.08% or more OR
Takes a blood test or urine test* and the officer believes that the driver is at or above 0.08% BAC level OR
Refuses to take or fails to complete a blood, breath, or urine test* to determine his/her BAC level.
_________________________________________________________________
*NOTE: A urine test is not available unless:
The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, OR
Both the blood and breath tests are unavailable, OR
You are a hemophiliac, OR
You are taking an anticoagulant in conjunction with a heart condition.
__________________________________________________________________

WHAT HAPPENS TO MY LICENSE?
You will receive an Order of Suspension/Revocation from the officer. If you have a valid California driver license, the officer takes your license and sends it to the DMV. The order of Suspension/Revocation serves as your temporary license for thirty days from the issue date. Then at the end of the thirty days, the suspension/revocation goes into effect. If the officer does not serve Order of Suspension/Revocation, DMV will mail one to you. The temporary license does not allow you to drive if there is another DMV or court-imposed DL action in effect.

THE APS SUSPENSION OR REVOCATION IS INDEPENDENT OF ANY JAIL, FINE, OR OTHER CRIMINAL PENALTY IMPOSED IN COURT IF YOU ARE ARESSTED FOR A DUI OFFENSE.

WHAT DOES DMV DO?
DMV automatically conducts an administrative review which includes an examination of the:
Officer’s sworn report and relevant documents
APS Order of Suspension/Revocation
Blood, breath, or urine test* results
If the review shows there is no basis for the APS suspension/revocation is set aside.

WHAT CAN I DO ABOUT THE SUSPENSION/REVOCATION?
You have ten days from receipt of the Order of Suspension/Revocation or 14 days from the date the notice was mailed to request a hearing to show that the APS suspension/revocation is not justified. The purpose of the hearing is to provide you with an opportunity to be heard and to present relevant evidence or testimony on your behalf regarding an action taken, or the intent to take action, against your driving privilege by DMV. You may also have to appear in court for the same reason DMV is taking action against your driving privilege. Any action taken by the court is independent of any action taken by DMV. If you do not request a hearing, you are giving up your right to review the evidence DMV will consider when making a decision in your case. DMV will conduct a telephone hearing unless you request an in-person hearing.

The APS suspension/revocation will not be stayed (delayed) unless:
You request a hearing within ten days from the issue date of the order and
DMV cannot provide a hearing before the effective date of the suspension/revocation.
Before the hearing you may request to see and/or obtain copies of the DMV’s evidence. If you want copies released to someone else, you must give the person signed permission.

You have the right to have a sign or language interpreter present you at your hearing. Immediately notify DMV if you require an interpreter.

At your own expense, an attorney or another person may represent you or you may represent yourself. You may present oral testimony and other relevant evidence. Your testimony will be taken under oath or affirmation and the hearing will be recorded.

DMV ordinarily does not arrange to have the peace officer testify. However, DMV reserves the right to call the officer if his/her testimony is needed. You may subpoena the officer or any other witness(es) you feel may help your case and are relevant testimony or evidence to present. Evidence can be represented in the form of sworn documents, medical records, accident reports, photographs, or other relevant items. Evidence can also be sworn testimony taken under oath. You are responsible for paying the required fees and for making sure that your witness(es) receives the subpoena.

After the hearing decision, you may make a written request for a departmental review within fifteen days, or a court review within thirty days; from the date shown on your hearing results notice. The fee for the departmental review is $120.

To reinstate your driving license privilege after an APS suspension/revocation you must:
Pay a $125 reissue fee to DMV. (Vehicle code sections [VC §§] 13353, 13353.2, and 14905)
File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR22], $35,000 cash deposit, surety bond, or self insurer certificate under VC §16430)
Maintain proof of financial responsibility for three years.

HEARING ISSUES:

Your need for a driver license will not be discussed at the hearing. Only the following issues will be discussed:
A) If you took a blood, breath, or urine test:
Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153 or Penal Code (PC) §§191.5(c) or 192(c)?
Were you lawfully arrested?
Were you driving a motor vehicle with a BAC level of 0.08% or more?

B) If you refused or failed to complete a blood, breath, or urine test*:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153 or Penal Code (PC) §§191.5(c) or 192(c)?
2. Were you lawfully arrested?
3. Were you told that your driving privilege would be suspended for one year or revoked for two-three years if you refused to submit to or failed to complete a blood, breath, or urine test*?
4. Did you refuse to submit to or fail to complete a blood, breath, or urine test* after being requested to do so by a peace officer?

HOW LONG WILL I BE SUSPENDED OR REVOKED?

A) If you took a blood, breath, or urine test*, and the results showed a BAC level of 0.08% or more, your driving privilege will be suspended for:
Four months- first offense
One year- one or more separate offenses in ten years
B) If you refused or failed to complete a blood, breath, or urine test*, your driving privilege will be:
Suspended for one year- first offense
Revoked for two years- second offense in ten years
Revoked for three years- three or more offenses in ten years

RESTRICTED LICENSE ELIGIBILITY:
You may be eligible for a non-commercial restricted DL if:
This is your fist offense and
You completed a chemical test and
The results showed a BAC level of 0.08% or more and
You were 21 years of age or older (VC§13353.6)
If this is your first offense, as a commercial driver with a BAC level of 0.08% or more, you may be issued a course of employment restricted license. NOTE: This restriction is not allowed if you were operating a commercial vehicle at the time of your arrest. (VC§13353.6)

NONCOMMERCIAL RESTRICTED LICENSE:
To be issued a noncommercial restricted DL, you must:
Provide proof of enrollment (DL 107) in a licensed DUI first offender program. (VC§23538[b])
File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR22], $35,000 cash deposit, surety bond, or self insurer certificate under VC§16430).
Pay a $125 reissue fee
Wait until the end of he mandatory thirty day suspension period before applying for a restricted DL.
Request one of the following restrictions:
---TO/FROM/DURING COURSE OF EMPLOYMENT AND DUI PROGRAM RESTRICTION. Your driving privilege will be restricted to allow you to drive to, from, and during the course of your employment AND to and from the DUI program. This restriction on only valid for five months. NOTE: If you enroll and fail to participate or do not complete the DUI program, DMV will immediately revoke your restricted license and reimpose the suspension for up to four months from the day your suspension actually began.

You may request early termination of your suspension if you:
Are a first DUI offender
Did not apply for a restricted license
Served up to 90 days of the suspension
Completed a DUI program and submitted a Notice Of Completion Certificate (DL101)
Filed proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR22], $35,000 cash deposit, surety bond, or self insurer certificate under VC§16430).
Paid $125 reissue fee.

CDL RESTRICTED LICENSE:
To be issued a commercial driver license (CDL) course of employment restricted license, you must:
Have a valid commercial driver license (VC§15210)
Not have been operating a commercial vehicle at the time of your arrest
Wait until the end of the thirty day mandatory suspension period before being issued a CDL that is “restricted to driving to, from, and during course of employment.” The restriction term will be for no less than five months (150 days) after the thirty day suspension period ends.