DMV DUI License Suspension Hearings
With over 24 years of experience, DMV Hearing Attorney Richard Wagner knows how the DMV works. Read Richard Wagner's profile.
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DMV DUI License Suspension Hearings are also known as Admin Per Se or APS hearings. They are called “administrative per se” because the DMV does not penalize you criminally.
The DMV suspends or revokes your driving privilege as an administrative matter if there is enough evidence that you were driving with a certain blood-alcohol concentration or if you refused to take a blood or breath test.
These hearings are complicated.
That's why you should do what countless others have done who have been in your shoes when arrested for a DUI, hire DUI DMV Hearing Attorney Richard Wagner.
Documents presented as evidence must be legally relevant. DMV Hearing Attorney Richard Wagner knows the law and makes legal objections.
You are entitled to a DMV hearing.
The hearings are held at a Driver Safety Office. Not a DMV Field Office.
If you don't request a hearing within 10 days you could be out of luck. But don't worry. The Law Office of Richard Wagner has convinced the DMV to give clients late DMV hearings in some cases.
If the DMV can't do the DMV hearing and make a decision before your temporary license runs out, you are entitled to a stay, or a pause, on the suspension. You also get an extension on your temporary driver's license.
DMV BAC .08% Hearings
If 21 or over, the 3 issues at your DMV Admin Per Se Hearing are:
1) Did the police officer have reasonable cause to believe you were driving in violation of Section 23152, 23153 or 23154 of the California Vehicle Code?
2) Were you lawfully arrested or lawfully detained while on DUI probation?
3) Were you driving when you had 0.08% BAC?
Commercial driver license holders are professional drivers who operate large, heavy motor vehicles. You transport hazardous materials or vulnerable passengers. The law holds you to a higher standard when operating motor vehicles requiring any class.
If you were a commercially licensed driver, operating a commercial motor vehicle, or transporting hazardous material, you will be subject to a commercial disqualification action when the APS action becomes effective.
DMV Penalties – .08% BAC Hearings
First DMV Admin Per Se Hearing → 4-month suspension.
Second or more DMV Admin Per Se suspensions or DUI convictions within 10 years → 1-year suspension.
First Commercial Disqualification → 1 year.
Second Commercial Disqualification → Lifetime.
DMV Hearing Attorney Richard Wagner helps you get a restricted license. Hire DUI Attorney Richard Wagner and get back on the road!
Commercial drivers 21 years of age or older whose license becomes suspended and who have not been convicted of a separate DUI violation or have not had a prior APS or PAS action within 10 years, may apply to the DMV for two types of restricted non-commercial driver's license. The Law Office of Richard Wagner will help you with this.
Commercial Driver's License holders must downgrade (become non-commercial) if they wish to receive a restricted license.
DMV Refusal Hearings
If 21 or over, and accused of Refusing, the Hearing issues are:
- Did the police officer have reasonable cause to believe you were driving in violation of Section 23152, 23153 or 23154 of the California Vehicle Code?
- Were you lawfully arrested or lawfully detained while on DUI probation?
- Were you told your driving privilege would be suspended, or revoked for one, two, or three years if you refused?
- Did you refuse a chemical test or PAS test (DUI Probation) after being requested to do so by a police officer?
DMV Penalties – Refusal Hearings
If the DMV rules you Refused, and this is your First DUI, suspension → 1 year, with no restricted license available.
If the DMV rules you Refused and this is your Second DUI within 10 years→ 2-year revocation with no restricted license available.
If you Refused, and this is your Third DUI within 10 years→ 3-year revocation, with no restricted license available.
First Commercial Disqualification → 1 year.
Second Commercial Disqualification → Lifetime.
DMV Under 21 Hearings
The Zero Tolerance Law: If under 21 at the time of your first DUI, the DMV wants to suspend your driving privilege for → 1 year.
You can apply for a critical need restricted license unless you refused. A critical need to drive means the circumstances required to be shown to get a junior permit. Types of restricted licenses are:
- to and from school
- for family illness
- to and from work
- for family business
Winning A DMV DUI Hearing
The DMV must prove these issues at the Under Age 21 PAS Hearing:
- Did the police officer have reasonable cause to believe you were driving in violation of Section 23136, 23140, 23152 or 23153, or 23154 of the California Vehicle Code?
- Were you lawfully detained?
- Were you, while under the age of 21, driving with a BAC of 0.01% or greater, as measured by a preliminary alcohol screening (PAS) device?
The DMV must prove these issues at the Under Age 21 Refusal Hearing:
- Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of §23136 VC?
- Were you lawfully detained?
- Were you told your driving privilege would be suspended or revoked for one to three years?Did you refuse to submit to or fail to complete a PAS test or other chemical test after being requested to do so by a peace officer?
If the DMV rules you Refused, and this is your First DUI, suspension → 1-year suspension, with no restricted license available.
If the DMV rules you Refused, and this is your Second DUI within 10 years, suspension → 2-year revocation, with no restricted license available.
If the DMV rules you Refused, and this is your Third DUI within 10 years → 3-year revocation, with no restricted license available.
An officer cannot stop a person to investigate for driving under the influence or any other crime without a valid, legal reason. The facts are necessary because probable cause to stop/investigate is a part of the lawful arrest issue.
Whether there was a lawful arrest or lawful detention can be confusing.
DMV Hearings 0.01% or More BAC While on DUI Probation
The DMV must prove these issues at the DMV Hearing for those on DUI Probation:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of §23154 VC?
- Were you lawfully detained and/or lawfully arrested?
- Were you driving a motor vehicle with 0.01% BAC or more by weight of alcohol while on DUI probation?
First and subsequent violations → 1-year suspension.
The APS DUI Violation of Probation is in addition to any other APS/PAS action imposed due to the same offense when the following applies:
• 21 years of age or older and the BAC level is 0.08% or more, or
• You are 21 years of age or older and your BAC is 0.04% or more while operating a commercial motor vehicle, or
• You are under the age of 21 operating a motor vehicle with a BAC of 0.01% or greater.
DMV Refusal Hearing Violation of DUI Probation
The DMV must prove these issues at the DMV Refusal Hearing for those on DUI Probation:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of §23154 VC?
- Were you lawfully detained?
- Were you told your driving privilege would be suspended or revoked for one, two, or three years if you refused to submit to, or failed to complete a chemical test?
- Did you refuse to submit to or fail to complete a chemical test after being requested to do so by a peace officer?
If you Refused and have 1 prior DUI and are currently on DUI probation → 2-year revocation.
If you Refused and have 2 prior DUIs and are currently on DUI probation → 3-year revocation.
If pulled over for DUI, contact The Law Office of Richard Wagner, A Professional Corporation, to get your DMV Hearing set up, avoid the automatic suspension of your driver's license, and help you get a restricted license, call 714-721-4423. FREE CONSULTATION.
