Driving Under the Influence
Immediate Driver License Suspension: Drivers Age 21 and Older (FFDL-35)

ADMIN PER SE IMMEDIATE DRIVER LICENSE SUSPENSION

The administrative license suspension program, known as “Admin Per Se” (APS) was signed into law as an immediate 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.

WHO IS AFFECTED?

The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for driving under the influence of alcohol or a combination of alcohol and drugs (DUI), who:

• takes a chemical (blood or breath) test which shows a Blood Alcohol Concentration (BAC) level of 0.08% or more, or
• refuses to take or fails to complete a chemical (blood or breath)* to determine his/ her BAC level

*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 serves as your temporary license 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 DL 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 for a DUI offense.

WHAT DOES DMV DO?

DMV automatically conducts an administrative review which may include an examination of the officer’s sworn report and relevant 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 you may request to 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 relevant 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 make a written request for a department review within 15 days, or a court review within 30 days, from the date shown on your hearing results notice. The fee for a department review is $120.

To reinstate your driving privilege after an APS suspension/revocation, you must:

• pay a $125 reissue fee to DMV. (Vehicle Code §14905)
• 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

The Hearing Officer cannot grant you a restricted driver license regardless of your need to drive. Only the following issues will be discussed:

A.   If you took a chemical test:

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153?
2. Were you lawfully arrested?
3. Were you driving a motor vehicle with a BAC level of 0.08% or more?

B.   If you refused or failed to complete a chemical test:

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153?
2. Were you lawfully arrested?
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 a chemical test?
4. Did you refuse to submit to or fail to complete a chemical test after being requested to do so by a peace officer?

HOW LONG WILL I BE SUSPENDED OR REVOKED?

A.         If you took a chemical test, and the results showed a BAC level of 0.08% or more, your driving privilege will be suspended for:

1. Four months—first offense.
2. One year—one or more separate offenses in ten years.

B.         If you refused or failed to complete a chemical test, your driving privilege will be:

1. Suspended for one year—first offense.
2. Revoked for two years—second offense in ten years.
3. Revoked for three years—three or more offenses in ten years.

RESTRICTED LICENSE ELIGIBILITY

You may be eligible for a noncommercial restricted driver license if:

• this is your first offense,** and
• you completed a chemical test, and
• the results showed a BAC level of 0.08% or more, and
• you were 21 years of age or older (VC §13353.7), and
• your driving privilege is not suspended or revoked for some other reason.

** FIRST OFFENSE. You must not have had another offense within ten years of a separate DUI violation, including a charge reduced to reckless driving, vehicular manslaughter, or violation of VC §23140, which resulted in a conviction or separate administrative determination that you were driving with a BAC of 0.01% or more while under age 21, or 0.08% or more at any age, or you refused a chemical test.

NOTE: If you have a commercial driver license, you must downgrade to a Class C. If you were cited in a:

• noncommercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program, and to/from/during course of employment only.
• commercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program only.

NONCOMMERCIAL RESTRICTED LICENSE

To be issued a noncommercial restricted driver license, you must:

• enroll in a licensed driving under the influence (DUI) First Offender program. (You must notify the program provider that you intend to apply for a restricted driver license.)
• ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender Program with DMV. (VC §23538[b])
• 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).
• pay a $125 reissue fee.
• wait until the end of the mandatory 30-day suspension period before applying for a restricted DL.
• request a To/From/During Course of Employment and DUI Program Restriction. Your driving privilege will be restricted to allow you to drive to, from, and during the course of your employment and to and from the DUI program. This restriction is valid for five months.

NOTE: If you enroll and fail to participate or do not complete the DUI program, DMV will immediately revoke your restricted license and reimpose the suspension.

QUESTIONS?

If you have any questions, please contact one of the following Driver Safety Branch Offices:

Alphabetical listing of Driver Safety offices with phone number.

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