California DMV Process

In a typical DUI arrest, the peace officer confiscates the arrestee’s California driver’s license and issues the person a pink sheet of paper. This pink sheet of paper informs the licensee of the order of suspension and the right to an Administrative Per Se (APS) hearing. Additionally, the pink sheet serves as the licensee’s temporary driver’s license for a period of 30 days. After 30 days the temporary license is invalid and the person’s license becomes automatically suspended if an APS hearing is not requested.

A person arrested for driving under the influence has 10 days from the date of arrest to contact the local Driver Safety Office to request an APS hearing. If the request is not made within 10 days of the date of arrest, the person’s license will automatically become suspended or revoked 30 days from the date of arrest. It is important to hire a skilled DUI defense attorney to request the APS hearing and a stay on your license. Furthermore, the attorney requests discovery to help prepare your defense. The DMV will issue the licensee a new temporary license which will allow the licensee to have full driving privileges until a decision is rendered on the APS hearing.

The APS hearing is conducted by a Hearing Officer whom is an employee of the DMV. The Hearing Officer basically has dual roles: prosecutor and judge. The Hearing Officer is charged with the burden of proving that the licensee is guilty of the following issues

If the driver submitted to a chemical test, there are three issues at an APS hearing for the Hearing Officer to consider:

• Did the officer have reasonable cause to believe that the licensee was driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?
• Was the licensee lawfully arrested?
• Was the licensee driving a motor vehicle with 0.08% or more, by weight, of alcohol in the blood?

If a chemical test was not taken (a refusal), the issues are:

• Did the officer have reasonable cause to believe that the licensee was driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?
• Was the licensee lawfully arrested?
• Was the licensee advised that refusal to submit to, or failure to complete, a breath or blood test would result in a one year license suspension or two or three year revocation?
• Did the licensee refuse to submit to, or fail to complete, a chemical test after being requested to by a peace officer?

At the hearing, the California Driver Safety Office has the burden of proof as to all the issues. The Hearing Officer introduces into evidence the arresting officer’s investigation reports: the DS- 367 sworn report, the arrest/ investigation reports, blood/ breath alcohol results, etc. as evidence of guilt. The legal team at the Parker Law Center is skilled at objecting to the documents, presenting rebuttal evidence, and calling witnesses to overcome the documents. A skilled criminal defense attorney experienced with APS hearings can prepare a defense to overcome the evidence. This greatly improves the odds of success. Once both sides have presented their case, the Hearing Officer is charged with reviewing all of the evidence, testimony and facts, and rendering a decision. The decision will be in writing either upholding the suspension/ revocation, or setting aside the suspension/ revocation.