California Administrative Per Se - FACTS

California Administrative Per Se - FACTS

In 1990, California became the 28th state to implement an immediate driver license suspension law also referred to as an "Administrative Per Se (APS)" or "on-the-spot" license suspension law The California APS law requires the Department of Motor Vehicles (DMV) to suspend or revoke the driving privilege of persons who are driving with a blood alcohol concentration (BAC) of .08% or more, or who refuse a chemical test upon arrest. In January 1994 California implemented a companion driver license suspension law, known as the "zero tolerance law," which requires DMV to suspend for one year any driver under age 21 with a BAC of .01 % or more as measured by a preliminary alcohol screening test, or who refuses or fails to complete the test. These administrative actions are independent of any criminal penalties imposed in court for conviction of the driving-under-the-influence (DUI) offense. Upon arrest, or detention (as applicable in the .01% APS law), the driver's license is immediately confiscated and an order of suspension or revocation served.

For either law, due process is allowed by the issuance of a 30-day temporary license intended to provide the driver with sufficient time to challenge the suspension through DMV administrative review. The time allowed to challenge the suspension was reduced from 45 days on July 1, 1993. As of January 1, 1993, offenders who are dismissed for insufficient evidence or are never charged by the court may request an APS dismissal hearing to consider setting aside the associated APS action. Under the .08% APS' law, when a driver submits to and "fails" a BAC test and has no prior DUI convictions or APS actions (within 7 years), a 4-month license suspension Is imposed. Following, 30 days of "hard" suspension, and providing they first demonstrate proof of insurance, show proof of enrollment in an alcohol treatment program, and pay all penalty fees, the law provides for such drivers to obtain either a 60-day restricted license to drive to and from an alcohol treatment program, or (as of January 1, 1995) a 5-month restricted license which also allows driving to, from, and during the course of employment A 1-year suspension is imposed on drivers having one, or more prior DUI convictions or APS actions within 7 years, with no provision for a restricted license.

Under this law, for offenders refusing a BAC test, a 1-year license suspension Is imposed for a first offense, a 2-year revocation Is imposed for a second offense, and a 3-year revocation is imposed for a third or subsequent offense (within 7 years). There are no provisions for issuance of a restricted license following a BAC test refusal.

The .01% BAC law requires a 1-year suspension and provides for: a hardship restriction only if the preliminary breath test was completed and the driver can demonstrate a critical need to drive.

To prevent undue hardship, a commercial driver arrested in a noncommercial vehicle and having no prior DUI convictions or APS actions Isaliowed to drive to, from, and during the course of employment following a 30-day "hard" suspension. (A noncommercial vehicle is one not requiring a commercial driver license, or heavy-vehicle operator's license, to drive.) A commnercial driver arrested for DUI while driving In a commercial vehicle receives a 1-year "hard"suspension