California Administrative Per Se- Facts
Fiscal Year 2003/2004
Prepared by DMV Research and Development Branch 10/20/04
Key Findings for FY 2003/04
- For the first time in five years the total number of APS actions initiated in FY 03/04 increased (8.8%) from the previous year's total.
- The number of suspensions for young drivers (under age 21) pursuant to the state's "zero tolerance law" (BAC = .01%) increased 11.1% in FY 03/04. There was a relatively smaller increase (5.5%) in the total number of .01 actions that were set aside. The increase in total .01 actions set aside relative to the larger increase in .01 actions initiated resulted in a 6.38% set aside rate for FY 03/04, down 5.0% from the FY 02/03 rate.
- The overall set aside rate for .08 and .01 actions combined increased in FY 03/04 (3.2% increase overall) from the FY 02/03 rate. In FY 03/04, 9.35% of total APS actions were set aside, nearly tripling the initial 3.7% set-aside rate for FY 90/91 when the law was introduced.
- Although the rate declined 4.3% from FY 02/03, the percentage of total APS actions resulting in a scheduled hearing remains just below one quarter of all APS actions initiated (23.8%). The percentage of refusal actions resulting in a hearing decreased to 30.8%, just under one third of all such actions initiated in FY 03/04. However, for the second consecutive year the percent of actions sustained subsequent to the hearings increased. Sustained .08 APS action hearings increased by 1.1% and sustained .01 action hearings increased by 3.1%. Given the reduction in set asides following hearings, the overall increase in set asides (up 6.4%) is explained by an increase in actions set aside subsequent to administrative review.
- There was a 21.1% decrease in the number of APS actions taken against commercial drivers driving in a commercial vehicle at the time of arrest. However, the total number of these actions is very low (only 15 net actions in FY 03/04 compared to 19 net actions in FY 02/03).
- The category of "Driver Safety/Driver Investigation" reviews increased 18.8% in FY 03/04. Of actions reviewed in a Driver Safety/Driver Investigation, 41.0% were sustained, an increase of 60.8% over the previous year's rate.
- For the eighth consecutive year, the number of APS orders of suspension mailed by the department (in place of, or in addition to, those issued "on the spot" by law enforcement) increased (24.4%) over the previous year, and now constitutes an all time high of 19.4% of all orders issued. APS orders of suspension are mailed by the department when corrections are made to the original order or when there is no record that an order was issued when it should have been.
- There was a 55.2% reduction in departmental reviews conducted in FY 03/04 following passage of legislation introducing a $120.00 fee for such reviews beginning 1/1/03. The percentage of actions sustained subsequent to FY 03/04 departmental reviews decreased 2.5%. Despite this drop, the sustain rate remained high, 95.3% in FY 03/04 compared to 97.8% in FY 02/03.
- The total number of offenders refusing a chemical test increased in FY 03/04, particularly among first-offenders (up 12.2%) but the percentage of total arrested DUI offenders who refused a chemical test remained relatively stable (< 1% increase) compared to last year's refusal rate. Overall, the refusal rate was 5.26% in FY 03/04, which still compares favorably to the 7.74% refusal rate in FY 90/91, the first year that the implied consent suspension/revocation lengths were increased to their current lengths.
- In FY 03/04, repeat offenders constituted only 23.8% of all .08 APS actions, a decrease of 3.6% from the prior year's rate.
Administrative Per Se Process Measures
|
Year |
|||
|
FY 02/03 |
FY 03/04 |
% change |
|
|
• Total APS actions initiated (including actions later set aside) |
176,389 |
191,842 |
8.8 |
|
› Total .081 APS actions initiated |
156,755 |
170,030 |
8.5 |
|
› Total .012 suspensions initiated |
19,634 |
21,812 |
11.1 |
|
• Total APS actions set aside |
16,857 |
17,932 |
6.4 |
|
› Total .08 APS actions set aside |
15,538 |
16,540 |
6.4 |
|
› Total .01 suspensions set aside |
1,319 |
1,392 |
5.5 |
|
• Total APS set aside rate |
9.06% |
9.35% |
3.2 |
|
› Total .08 set aside rate |
9.91% |
9.73% |
-1.8 |
|
› Total .01 set aside rate |
6.72% |
6.38% |
-5.0 |
|
• Net total APS actions taken (excluding actions later set aside) |
159,532 |
173,910 |
9.0 |
|
› Net total .08 APS actions |
141,217 |
153,490 |
8.7 |
|
› Net total .01 actions |
18,315 |
20,420 |
11.5 |
|
• Total APS actions taken, suspension/revocation order served by: |
|||
|
› Law enforcement |
146,385 |
154,531 |
5.6 |
|
› DMV |
30,003 |
37,311 |
24.4 |
|
› Deceased |
1 |
0 |
-100.0 |
|
Net APS Actions by Offender Status/License Classification:3 |
|||
|
• Net total APS actions, noncommercial drivers |
155,684 |
170,166 |
9.3 |
|
• Net total commercial driver license (CDL) APS actions taken |
3,848 |
3,744 |
-2.7 |
|
• Net total actions of commercial drivers in commercial vehicles |
19 |
15 |
-21.1 |
|
• Net APS .08 actions for drivers with no prior DUI convictions or APS actions4 |
106,305 |
116,948 |
10.0 |
|
› 4-month license suspensions |
76,277 |
85,392 |
11.9 |
|
› 30-day suspensions plus 3-month program restrictions |
1,442 |
1,465 |
1.6 |
|
› 30-day suspensions plus 5-month COE5 restrictions |
20,046 |
20,961 |
4.6 |
|
› First-offender chemical test refusals |
5,380 |
6,039 |
12.2 |
|
› CDL first offender suspensions/restrictions |
3,160 |
3,091 |
-2.2 |
|
• Net APS .08 actions taken for drivers with prior DUI convictions |
34,912 |
36,542 |
4.7 |
|
› Suspensions |
31,996 |
33,502 |
4.7 |
|
› Revocations |
2,916 |
3,040 |
4.3 |
|
• Net APS .01 actions for drivers submitting to a BAC (evidential or PAS6) test |
18,030 |
20,088 |
11.4 |
|
• Net APS .01 actions for drivers refusing to submit to a BAC (evidential or PAS) test |
285 |
332 |
16.5 |
|
APS Chemical Test Refusal Process Measures: |
|||
|
• Total .08 and .01 APS refusal actions initiated (including actions later set aside) |
9,234 |
10,100 |
9.4 |
|
• Total .08 refusal actions set aside |
627 |
661 |
5.4 |
|
• Total .01 refusal actions set aside |
26 |
28 |
7.7 |
|
• Net total .08 and .01 APS refusal actions (excluding actions later set aside) |
8,581 |
9,411 |
9.7 |
|
› Net total .08 refusal actions |
8,296 |
9,079 |
9.4 |
|
› Net total .01 refusal actions |
285 |
332 |
16.5 |
|
• Chemical test refusal rate (including actions later set aside) |
5.24% |
5.26% |
0.6 |
|
• Net .08 APS refusal (suspension) actions for subjects with no prior DUIs |
5,380 |
6,039 |
12.2 |
|
• Net .08 APS refusal (revocation) actions for subjects with prior DUIs |
2,916 |
3,040 |
4.3 |
|
Total APS Hearings:7 |
|||
|
• Total .08 and .01 inperson or telephone APS hearings scheduled |
43,539 |
45,627 |
4.8 |
|
• Percentage of total APS actions resulting in scheduled hearings8 |
24.7% |
23.8% |
-3.6 |
|
• Total .08 and .01 inperson or telephone APS hearings held and/or completed |
42,797 |
45,150 |
5.5 |
|
.08 Hearing Activity: |
|||
|
› .08 hearings held and/or completed |
39,073 |
41,062 |
5.1 |
|
› .08 actions sustained/upheld following hearings |
33,386 |
35,476 |
6.3 |
|
• Percentage of .08 APS actions sustained/upheld following hearings |
85.4% |
86.4% |
1.1 |
|
.01 Hearing Activity: |
|||
|
› .01 hearings held and/or completed |
3,724 |
4,088 |
9.8 |
|
› .01 actions sustained/upheld following hearings |
3,014 |
3,411 |
13.2 |
|
• Percentage of .01 APS actions sustained/upheld following hearings |
80.9% |
83.4% |
3.1 |
|
APS Chemical Test Refusal Hearings: |
|||
|
• Total .08 and .01 APS refusal hearings scheduled |
3,084 |
3,113 |
0.9 |
|
• Percentage of total refusal actions resulting in a scheduled hearing |
33.4% |
30.8% |
-7.7 |
|
.08 Refusal Hearing Activity: |
|||
|
› .08 refusal hearings held and/or completed |
2,944 |
3,009 |
2.2 |
|
› .08 refusal actions sustained/upheld following hearings |
2,384 |
2,517 |
5.6 |
|
• Percentage of .08 APS actions sustained/upheld following hearings |
81.0% |
83.6% |
3.3 |
|
.01 Refusal Hearing Activity: |
|||
|
› .01 refusal hearings held and/or completed |
81 |
78 |
-3.7 |
|
› .01 refusal actions sustained/upheld following hearings |
64 |
62 |
-3.1 |
|
• Percentage of .01 refusal actions sustained/upheld following hearings |
79.0% |
79.5% |
0.6 |
|
Other APS Activity: |
|||
|
• Total .08 and .01 APS dismissal hearings scheduled after meeting |
|||
|
renewed right to a hearing requirements |
89 |
107 |
20.2 |
|
› APS dismissal hearings held and/or completed |
85 |
103 |
21.2 |
|
› APS actions sustained/upheld following dismissal hearings |
48 |
65 |
35.4 |
|
• Percentage of APS actions sustained/upheld following dismissal hearings |
56.5% |
63.1% |
11.8 |
|
• Total .08 and .01 Driver Safety/Driver Investigations scheduled9 |
223 |
265 |
18.8 |
|
› APS Driver Safety/Driver Investigations held and/or completed |
192 |
251 |
30.7 |
|
› Actions sustained/upheld following APS Driver Safety/Driver Investigations |
49 |
103 |
110.2 |
|
• Percent APS actions sustained/upheld following Driver Safety/Driver Investigations |
25.5% |
41.0% |
60.8 |
|
• Total .08 and .01 APS departmental reviews scheduled |
3,272 |
1,465 |
-55.2 |
|
› APS departmental reviews held and/or completed |
3,259 |
1,458 |
-55.3 |
|
› APS actions sustained/upheld following departmental review |
3,186 |
1,390 |
-56.4 |
|
• Percentage of APS actions sustained/upheld following departmental reviews |
97.8% |
95.3% |
-2.5 |
1 .08 refers to APS actions
taken subsequent to obtaining evidence of a Blood Alcohol
Concentration (BAC) equal to or in excess of the .08%
per se level or on the basis of a chemical test refusal.
Such an action is taken in conjunction with a DUI arrest.
2 .01 refers to APS suspensions taken against
drivers under the age of 21 with BACs of .01% or greater
or on the basis of a chemical test refusal, and are
not necessarily taken in conjunction with a DUI arrest.3
All entries in this category exclude actions later set
aside but, where possible, include actions taken on
the basis of either a chemical test refusal or a BAC
test result.
4 Prior DUI convictions or APS actions consist
of any such conviction or action where the violation
occurred within seven years prior to the current violation.
5 This restriction allows driving to, from,
and during the course-of-employment (enacted 1/1/95).
6 PAS is a Preliminary Alcohol Screening
test which is considered legally sufficient evidence
to impose an action under the provisions of the zero
tolerance laws.
7 These figures include refusal hearings
but exclude Driver Safety/Driver Investigation hearings,
subsequent APS dismissal hearings and departmental reviews.
8 Both numerator and denominator include
those actions later set aside as a result of the hearing.
9 These cases may or may not have involved
a hearing request.