Driving Under the Influence
IMMEDIATE DRIVER LICENSE SUSPENSION: DRIVERS UNDER AGE 21 WITH A 0.01% BAC
ADMIN PER SE IMMEDIATE DRIVER LICENSE SUSPENSION
The administrative license suspension program, known as “Admin Per Se” (APS) was signed into law as a stronger deterrent to drunk driving. The following information is a general guide for drivers subject to an APS driver license (DL) suspension or revocation. Keep in mind, not all cases are the same and this guide may not provide you with the information you are seeking.
HOW ARE DRIVERS UNDER AGE 21 AFFECTED?
The law is stricter for drivers under 21 years of age. The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person under age 21, arrested or detained for driving under the influence of alcohol or a combination of alcohol and drugs (DUI), who:
- takes a Preliminary Alcohol Screening (PAS) test, or a chemical test (blood or breath test)* with a Blood Alcohol Concentration (BAC) level of 0.01% or more, or
- refuses to take or fails to complete a PAS test*.
*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 DMV. The Order of Suspension/Revocation includes a temporary license valid for 30 days from the issue date. At the end of the 30 days, the suspension/revocation action goes into effect. If the officer does not serve you with an 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 driver license action in effect.
The APS suspension or revocation is independent of any jail, fine, or other criminal penalty imposed in court, if you are arrested or detained 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 accompanying documents.
If the review shows there is no basis for the APS suspension/revocation, it will be set aside. DMV will notify you in writing only if the suspension/ revocation is set aside.
WHAT CAN I DO ABOUT THE SUSPENSION/REVOCATION?
You have 10 days from receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/revocation is not justified. 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 10 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, and upon request, you may see and/or obtain copies of 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 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 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 have relevant testimony or evidence to present. You are responsible for paying the required fees and for making sure your witness(es) receives the subpoena.
After the hearing decision, you may submit a written request for a department review within 15 days, or a court review within 30 days, from the date shown on your hearing decision. The fee for a department review is $120.
NOTE: If you are under 21 and refused the PAS or chemical test, you do not have to pay a fee for a department review of your hearing.
To reinstate your driving privilege after an APS suspension/revocation, you must:
- pay a $100 reissue fee to DMV. (VC §13392)
- file proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $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 PAS or chemical test:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §23136?
2. Were you lawfully arrested or detained?
3. Were you driving a motor vehicle while under age 21, with a BAC level of 0.01% or greater, measured by a PAS device, or other chemical test?
B. If you refused or failed to complete a PAS test*:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §23136?
2. Were you lawfully arrested or detained?
3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete the PAS test* while under age 21?
4. Did you refuse to submit to or fail to complete a PAS test* after being requested to do so by a peace officer?
*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.
HOW LONG WILL I BE SUSPENDED OR REVOKED?
A. If you took a PAS or chemical test, and the results showed a 0.01% BAC level or more, your driving privilege will be suspended for one year.
B. If you refused or failed to complete a PAS 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.
CAN I GET A CRITICAL NEED RESTRICTION?
After a 30-day suspension period, you may apply for a critical need license only if you:
- completed a PAS or chemical test with a BAC level of 0.01% or more and
- have a critical need to drive.
A critical need restriction is very limited (VC §§12513, 13353.8). You are required to
show that:
- a specific critical need condition exists and
- all other transportation is inadequate.
Only first offenders are eligible to apply for a critical need restricted driver license.
(VC 13353.8) BAC .08%
Contact one of the following Driver Safety offices for an Application for Critical Need Restriction (DS 694) or visit the DMV Website at www.dmv.ca.gov for the application.
DRIVER SAFETY OFFICES
| LOCATION | TELEPHONE |
|---|---|
| Commerce | (323) 724-4000 |
| El Segundo | (310) 615-3500 |
| Fresno | (559) 445-6399 |
| Irvine | (949) 440-4416 |
| Oakland | (510) 563-8900 |
| Oxnard | (805) 488-0863 |
| Sacramento | (916) 227-2970 |
| San Bernardino | (909) 383-7413 |
| San Diego | (858) 627-3901 |
| San Francisco | (415) 557-1170 |
| San Jose | (408) 229-7100 |
| Van Nuys | (818) 376-4217 |
FFDL 36 (10/2006)