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Driving Under the Influence
IMMEDIATE DRIVER LICENSE SUSPENSION: DRIVERS UNDER AGE 21
0.01% BLOOD ALCOHOL CONCENTRATION (BAC) ZERO TOLERANCE
ADMINISTRATIVE PER SE IMMEDIATE DRIVER LICENSE SUSPENSION OR REVOCATION
The administrative license suspension program, known as “Admin Per Se” (APS) was signed into law in 1990 as a stronger deterrent to drunk driving. It is against the law for persons under the age of 21 to consume alcohol. In 1994 the APS “Zero Tolerance” law was enacted to further address underage drinking and driving.
The following information is a general guide for drivers under the age of 21 who become subject to an APS driver license (DL) suspension or revocation. All APS cases are unique and if this guide does not contain the specific information you are seeking, additional information is available on the DMV Website at www.dmv.ca.gov.
HOW DOES THE APS ZERO TOLERANCE LAW AFFECT DRIVERS UNDER AGE 21?
California Vehicle Code (CVC) §23136, PAS Persons Under 21: Preliminary Screening Device, established stricter Zero Tolerance requirements and penalties for drivers under 21 years of age. The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person under age 21, arrested or detained for driving under the influence (DUI) of alcohol, or a combination of alcohol and drugs, who:
- takes a Preliminary Alcohol Screening (PAS) test, or a chemical test (blood or breath test)* with a BAC level of 0.01% or more, or
- refuses to take or fails to complete a PAS or other chemical test.*
*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 medication.
WHAT HAPPENS TO MY LICENSE?
The officer will give you an Order of Suspension/ Revocation. If you have a valid California driver license, the officer will take your license and send it to DMV. The Order of Suspension/Revocation includes a temporary license valid for 30 days from the issue date (usually the date you were detained). 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 driver license action in effect.
The APS Zero Tolerance suspension or revocation is independent of any jail, fine, or other criminal penalty imposed in court if you were convicted of the DUI offense.
WHAT DOES DMV DO?
DMV automatically conducts an administrative review, which includes an examination of the officer’s sworn report and any accompanying documents, such as an arrest or traffic collision report.
If the review shows there is no basis for the APS Zero Tolerance suspension/revocation, the suspension/revocation will be set aside. DMV will notify you in writing only if the it is set aside.
WHAT CAN I DO ABOUT THE APS ZERO TOLERANCE 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 Zero Tolerance suspension/revocation will not be stayed (delayed) unless:
The APS Zero Tolerance 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, and upon request, you may see and/or obtain copies of DMV’s evidence. If you want copies released to someone else, such as an attorney, 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.
You may represent yourself or, at your own expense, an attorney or another person may represent you at the hearing. You may present oral testimony and other 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 a subpoena.
After the hearing decision, if the action is upheld, you may submit a written request for a Department Review within 15 days of the effective date of the decision. The fee for a Department Review is $120.
You may also request a court review within 30 days of the effective date of the hearing decision.
NOTE: If you are under 21 and refused the PAS or other chemical test, there is no fee for a Department Review of your hearing.
To reinstate your driving privilege after an APS Zero Tolerance suspension/revocation, you must:
- pay a $100 reissue fee to DMV. (§13392CVC)
- file proof of financial responsibility (e.g., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self-insurer certificate pursuant to §16430CVC).
- maintain proof of financial responsibility for three years.
Your need for a driver license is not an issue at the APS Zero Tolerance hearing. Only the following issues will be discussed:
A. If you took a PAS or other chemical test:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC §23136?
2. Were you lawfully arrested or detained?
3. Were you driving a motor vehicle while under age 21, with a BAC level of 0.01% or greater, measured by a PAS device, or other chemical test?
B. If you refused or failed to complete a PAS test or other chemical test:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC §23136?
2. Were you lawfully arrested or detained?
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 the PAS test* while under age 21?
4. Did you refuse to submit to or fail to complete a PAS or other 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 PAS or chemical test, and the results showed a 0.01% BAC level or more, your driving privilege will be suspended for one year.
B. If you refused or failed to complete a PAS or other chemical test, your driving privilege will be:
- Suspended for one year for a first offense.
- Revoked for two years for a second offense in ten years
- Revoked for three years for three or more offenses in ten years.
APS DUI PROBATION SUSPENSION/REVOCATION
Court-ordered DUI probation prohibits a person previously convicted of DUI from operating a motor vehicle with any measurable amount of alcohol in the driver’s blood (0.01% BAC).
A. If you took a PAS or chemical test, and the results showed a BAC level of 0.01% or more, and you were on a court-ordered probation for a prior DUI conviction of §§23152 or 23153 CVC:
- In addition to the APS Zero Tolerance suspension, DMV will impose a concurrent one-year suspension based on violation of your DUI probation. You are not eligible for a restricted license during the one-year period.
B. If you refused or failed to complete a PAS or other chemical test and you were on a court-ordered probation for a prior DUI conviction of §23152 or 23153 CVC:
- In addition to the APS Zero Tolerance suspension, DMV will impose a two-year revocation based on violation of your DUI probation. You are not eligible for a restricted license during the two-year period.
- In addition to the APS Zero Tolerance suspension, DMV will impose a concurrent three-year revocation based on violation of your DUI probation if you have two or more refusals while on DUI probation. You are not eligible for a restricted license during the three-year period.
Although you may have one or more Administrative Per Se suspension/revocation actions occurring at the same time, you are not entitled to a restricted license during the suspension/revocation period for a second and/or subsequent action. You may request a critical need restricted license only for your first APS offense if there are no other actions in effect against your driving privilege.
CAN I GET A CRITICAL NEED RESTRICTION?
After a 30-day suspension period, you may apply for a critical need license only if you:
- completed a PAS or chemical test with a BAC level of 0.01% or more, and
- have a critical need to drive.
A critical need restriction is very limited (§§12513, 13353.8CVC). To be eligible for the restriction you must verify that:
- a specific critical need condition exists, and
- all other transportation is inadequate.
Only first offenders who completed a PAS or other chemical test are eligible to apply for a critical need restricted driver license (§13353.8 CVC .01% BAC actions)
Contact one of the following Driver Safety offices for an Application for Critical Need Restriction (DS 694) or visit the DMV Website at www.dmv.ca.gov for the application.
DRIVER SAFETY OFFICES
| LOCATION | TELEPHONE |
|---|---|
| Bakersfield | (661) 833-2103 |
| Commerce | (323) 724-4000 |
| Covina | (626) 974-7137 |
| El Segundo | (310) 615-3500 |
| Fresno | (559) 445-6399 |
| Irvine | (949) 440-4416 |
| Oakland | (510) 563-8900 |
| Oxnard | (805) 488-0843 |
| Redding | (530) 224-4755 |
| 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 |
FFDL 36 (9/2010) www