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
- The number of APS actions initiated in FY 05/06 increased 6.7% over that of FY 04/05. The net actions taken (after removing set aside, or vacated, actions) also increased in all types of APS actions except those involving commercial drivers for which there was a decrease of 17.1% in the net number of commercial drivers receiving APS actions in FY 05/06.
- The number of suspension actions initiated for young drivers (under age 21) pursuant to the state’s “zero tolerance law” (BAC = .01%) increased 9.6% to an all time high of 22,326 such actions initiated in FY 05/06. The zero-tolerance-action set-aside rate of 6.13% in FY 05/06 reflects a decrease of 7.4% from the prior year and the rate continues to be lower than the 9.61% set-aside rate of actions initiated for drivers over age 21.
- The overall set aside rate of 9.22% for .08 and .01 actions combined reflects a decrease of 6.2% in FY 05/06 from the FY 04/05 rate of 9.83%. Still, the FY 05/06 set-aside rate is more than double the initial 3.7% set-aside rate for FY 90/91 when the law was introduced.
- For the tenth 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 (up 23.5%) over the previous year, and now constitutes an all time high of 27.3% 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.
- The department discontinued issuing the 90-day APS restricted licenses that allowed only driving to and from an alcohol treatment program to restriction-qualifying first offenders as of September 20, 2005 and now issues only the longer 5-month restriction that additionally allows driving to, from, and during the course of employment. This resulted in a 93.8% decrease in the number of 90-day restrictions issued and a 32.4% increase in the number of 5-month restrictions issued in FY 05/06.
- The percentage of APS actions resulting in scheduled hearings decreased 10.2% in FY 05/06, yet the percentage of total APS actions resulting in a hearing still remains over one quarter (25.3%) of all APS actions initiated.
- With one exception, the percent of actions sustained following a hearing increased in FY 05/06 for all types of actions. The single exception was a less than one percent (0.7% drop) decrease in sustained cases following .01 refusal action hearings. Given the continuing reduction in set asides following hearings, the overall, albeit, small increase in set asides (up only 0.1%) is explained by this increase in .01 action set-asides, and increases in actions set aside following administrative review.
- The category of “Driver Safety/Driver Investigation” reviews decreased 5.8% in FY 05/06. Of actions reviewed in a Driver Safety/Driver Investigation, 38.2% were sustained, a decrease of 23.6% over the FY 04/05 rate.
- The BAC-test refusal rate dropped to 5.16% (down 5.1%) in FY 05/06, which 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 05/06, repeat offenders constituted 27.8% of all .08 APS offenders, an increase of 7.7% from the prior year’s rate. The total number of repeat .08 offenders increased 15.4% in FY 05/06 over the prior year’s total repeat .08 offenders. These increases were expected given the increased time (from 7 to 10 years beginning January 1, 2005) that must pass without another APS action or DUI conviction before an offender would be considered a first offender again.
Administrative Per Se Process Measures
|
Year |
|||
|---|---|---|---|
|
FY 04/05 |
FY 05/06 |
% change |
|
|
. Total APS actions initiated (including actions later set aside) |
184,324 |
196,691 |
6.7 |
|
> Total .081 APS actions initiated |
163,957 |
174,365 |
6.3 |
|
> Total .012 suspensions initiated |
20,367 |
22,326 |
9.6 |
|
. Total APS actions set aside |
16,761 |
16,763 |
0.1 |
|
> 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.
