California Administrative Per Se- Facts
Calendar Year 2007
Prepared by DMV Research and Development Branch 3/17/08
Key Findings for 2007
- There was a small increase in APS actions initiated in 2007, up 3.3% over those initiated in 2006, while the proportion of actions that were set aside dropped to 8.65% of actions initiated, a decrease of 3.3% from the 2006 set aside rate of 8.94%.
- While there was a 3.1% increase in the number of hearings requested in 2007, given the increase in APS actions initiated, the proportion of such actions resulting in a hearing remained at the 2006 level of 25.2%. The percentage of refusal actions resulting in a hearing also remained stable (up < 1%) with 32.9% of all refusals being challenged in a hearing in 2007 compared to 32.6% challenged in 2006.
- Total actions initiated for young drivers (under age 21) pursuant to the state’s “zero tolerance law” (BAC > .01%) remained stable (up < 1%) in 2007 compared to those in 2006. The set aside rates following hearings in 2007, of both offenders over age 21, or those under age 21, under zero tolerance law provisions, continued to decrease, albeit slightly, for a third consecutive year. In 2006 the set aside rates following .08 and .01 hearings were 10.3% and 12.2%, respectively, and in 2007 they were 9.8% and 11.1%, respectively. Of the 18,192 total actions set aside in 2007, 5,218, or 28.7% were set aside following a hearing, down 2.0% from last year’s 29.3%set aside rate following a hearing.
- Total actions for repeat offenders increased for the third consecutive year, up 3.4% from 2006.
- 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) dropped 11.2%, from 54,604 in 2006 to 48,491 in 2007, and now constitutes 23.0% of all orders issued. An APS order of suspension is mailed by the department to correct an original order issued by law enforcement or when there is no record that an order was issued.
- The number of suspensions for commercial drivers driving in commercial vehicles continues to be very low (only 7 such drivers suspended in 2006 and 6 suspended in 2007).
- The percentage of total arrested DUI offenders who refused a chemical test remained about the same (down < 1%) from last year’s refusal rate. Overall, the refusal rate was 4.82% in 2007, compared to 4.86% in 2006. This refusal rate continues to compare 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.
- Of the 117,967 eligible first offenders, including the 2,459 commercially licensed first offenders who no longer automatically receive a restricted license (as of September 20, 2005), 21.2% opted for restricted licenses in 2007, up from the 19.9% of first offenders and commercial drivers who received restrictions in 2006.
- Departmental reviews held of prior hearings decreased 7.5% in 2007, with the proportion set aside subsequent to review increasing from 2% in 2006 to 4.5% of the decisions reviewed being set aside in 2007.
- "Driver Safety/Driver Investigation” reviews were up 15.0% from 2006 to 2007, increasing for the second consecutive year since a December 2000 policy change disallowing use of these reviews for APS cases was imposed that should have ended their occurrence.
- Scheduled dismissal hearings decreased 2.4% in 2007. These hearings are only available to drivers who the prosecutor determines will not be prosecuted after having been issued an APS .08 order upon arrest.
Administrative Per Se Process Measures
|
2006 |
2007 |
% change |
|
|---|---|---|---|
| • Total APS actions initiated (including actions later set aside) | 203,696 | 210,405 | 3.3 |
>Total .08Footnote 1 APS actions initiated |
180,318 |
186,961 |
3.7 |
|
> Total .01Footnote 2 suspensions initiated |
23,378 |
23,444 |
0.3 |
|
• Total APS actions set aside |
18,215 |
18192 |
-0.1 |
|
> Total .08 APS actions set aside |
16,881 |
16,860 |
-0.1 |
|
> Total .01 suspensions set aside |
1,334 |
1,332 |
-0.1 |
|
• Total APS set aside rate |
8.94% |
8.65% |
-3.3 |
|
> Total .08 set aside rate |
9.36% |
9.02% |
-3.7 |
|
> Total .01 set aside rate |
5.71% |
5.68% |
-0.4 |
• Net total APS actions taken (excluding actions later set aside) |
185,481 |
192,213 |
3.6 |
|
> Net total .08 APS actions |
163,437 |
170,101 |
4.1 |
|
> Net total .01 actions |
22,044 |
22,112 |
0.3 |
|
• Total APS actions taken, suspension/revocation order served by: |
|
|
|
|
> Law enforcement |
149,091 |
161,914 |
8.6 |
|
> DMV |
54,604 |
48,491 |
-11.2 |
|
> Deceased |
1 |
0 |
-100.0 |
|
|
|
|
|
| Net APS Actions by Offender Status/License Classification:Footnote 3 | |||
|
• Net total APS actions, noncommercial drivers |
182,507 |
189,310 |
3.7 |
|
• Net total commercial driver license (CDL) APS actions taken |
2,974 |
2,903 |
-2.4 |
|
• Net total actions of commercial drivers in commercial vehicles |
7 |
6 |
-14.3 |
|
• Net APS .08 actions for drivers with no prior DUI convictions or APS actionsFootnote 4 |
118,468 |
123,594 |
4.3 |
|
> 4-month license suspensions |
88,292 |
90,518 |
2.5 |
|
> 30-day suspensions plus 5-month COEFootnote 5 restrictions |
22,508 |
24,990 |
11.0 |
|
> First-offender chemical test refusals |
5,347 |
5,627 |
5.2 |
|
> CDL first offender suspensions/restrictions |
2,321 |
2,459 |
5.9 |
• Net APS .08 actions taken for drivers with prior DUI convictions |
44,969 |
46,507 |
3.4 |
|
> Suspensions |
41,420 |
42,979 |
3.8 |
|
> Revocations (Refusals) |
3,549 |
3,528 |
-0.6 |
|
• Net APS .01 actions for drivers submitting to a BAC (evidential or PASFootnote 6) test |
21,625 |
21,686 |
0.3 |
|
• Net APS .01 actions for drivers refusing to submit to a BAC (evidential or PAS) test |
419 |
426 |
1.7 |
|
|
|
|
|
| APS Chemical Test Refusal Process Measures: | |||
|
• Total .08 and .01 APS refusal actions initiated (including actions later set aside) |
9,896 |
10,140 |
2.5 |
|
• Total .08 refusal actions set aside |
557 |
526 |
-5.6 |
|
• Total .01 refusal actions set aside |
24 |
33 |
37.5 |
• Net total .08 and .01 APS refusal actions (excluding actions later set aside) |
9,315 |
9,581 |
2.9 |
|
> Net total .08 refusal actions |
8,896 |
9,155 |
2.9 |
|
> Net total .01 refusal actions |
419 |
426 |
1.7 |
|
• Chemical test refusal rate (including actions later set aside) |
4.86% |
4.82% |
-0.8 |
|
• Net .08 APS refusal (suspension) actions for subjects with no prior DUIs |
5,347 |
5,627 |
5.2 |
|
• Net .08 APS refusal (revocation) actions for subjects with prior DUIs |
3,549 |
3,528 |
-0.6 |
|
|
|
|
|
|
Total APS Hearings:Footnote 7 |
2006 | 2007 | % change |
• Total .08 and .01 inperson or telephone APS hearings scheduled |
51,424 |
53,008 |
3.1 |
|
• Percentage of total APS actions resulting in scheduled hearingsFootnote 8 |
25.2% |
25.2% |
0.0 |
|
• Total .08 and .01 inperson or telephone APS hearings held and/or completed |
51,172 |
52,572 |
2.7 |
|
|
|
|
|
|
.08 Hearing Activity: |
|
|
|
|
> .08 hearings held and/or completed |
46,369 |
47,834 |
3.2 |
|
> .08 actions set aside following hearings |
4,758 |
4,690 |
-1.4 |
|
• Percentage of .08 APS actions set aside following hearings |
10.3% |
9.8% |
-4.4 |
|
|
|
|
|
|
.01 Hearing Activity: |
|
|
|
|
> .01 hearings held and/or completed |
4,803 |
4,738 |
-1.4 |
|
> .01 actions set aside following hearings |
586 |
528 |
-9.9 |
|
• Percentage of .01 APS actions set aside following hearings |
12.2% |
11.1% |
-8.7 |
|
|
|
|
|
| APS Chemical Test Refusal Hearings: | |||
• Total .08 and .01 APS refusal hearings scheduled |
3,222 |
3,331 |
3.4 |
|
• Percentage of total refusal actions resulting in a scheduled hearing |
32.6% |
32.9% |
0.9 |
|
|
|
|
|
|
.08 Refusal Hearing Activity: |
|
|
|
|
> .08 refusal hearings held and/or completed |
3,083 |
3,182 |
3.2 |
|
> .08 refusal actions set aside following hearings |
431 |
402 |
-6.7 |
|
• Percentage of .08 APS actions set aside following hearings |
14.0% |
12.6% |
-9.6 |
|
|
|
|
|
|
.01 Refusal Hearing Activity: |
|
|
|
|
> .01 refusal hearings held and/or completed |
123 |
115 |
-6.5 |
|
> .01 refusal actions set aside following hearings |
19 |
21 |
10.5 |
|
• Percentage of .01 refusal actions set aside following hearings |
15.4% |
18.3% |
18.2 |
|
|
|
|
|
|
Other APS Activity: |
|
|
|
• Total .08 and .01 APS dismissal hearings scheduled after meeting renewed right to a hearing requirements |
126 |
123 |
-2.4 |
|
> APS dismissal hearings held and/or completed |
125 |
121 |
-3.2 |
|
> APS actions set aside following dismissal hearings |
47 |
41 |
-12.8 |
|
• Percentage of APS actions set aside following dismissal hearings |
37.6% |
33.9% |
-9.9 |
|
|
|
|
|
|
• Total .08 and .01 Driver Safety/Driver Investigations scheduledFootnote 9 |
280 |
322 |
15.0 |
|
> APS Driver Safety/Driver Investigations held and/or completed |
270 |
310 |
14.8 |
|
> Actions set aside following APS Driver Safety/Driver Investigations |
214 |
174 |
-18.7 |
|
• Percent APS actions set aside following Driver Safety/Driver Investigations |
79.3% |
56.1% |
-29.2 |
|
|
|
|
|
|
• Total .08 and .01 APS departmental reviews scheduled |
1,556 |
1,440 |
-7.5 |
|
> APS departmental reviews held and/or completed |
1,552 |
1,437 |
-7.4 |
|
> APS actions set aside following departmental review |
31 |
64 |
106.5 |
|
• Percentage of APS actions set aside following departmental reviews |
2.0% |
4.5% |
123.0 |
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 10 years prior to the current violation.
5 This restriction allows driving to, from, and during the course-of-employment and to and from alcohol program (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.