DUIDocument Actions
California DUI Statistics: California Administrative Per Se – Key Findings
DMV - Administrative Per Se.
DMV - Administrative Per Se
Key Findings For 1997/1998
- The number of APS actions in 1997/98 dropped just over 3% from last year's total (3.3% decline).
- There was a 36.7% increase in suspensions for young drivers (under age 21) pursuant to the state's "zero tolerance law" (BAC > .01%).
- The proportion of arrested DUI offenders who refused a chemical test continued to decline, as it has each year since FY 92/93 (5.93% refusal rate in FY 97/98, versus a 7.69% refusal rate in FY 92/93).
- For the first time since the APS law was enacted, in FY 97/98 ther was a decrease in the overall APS set aside rate. In FY %/97, almcet 10% of total APS actions taken resulted in the action ultimately being set aside, while in FY 97/98, only 7.79% of total APS actions were set aside. This FY 97/98 rate is more than double the initial 3.7% set aside rate for FY 90/91.
- Since the APS law was enacted in 1990, the proportion of offenders requesting a hearing has more than doubled. The proportion of offenders who reqt*ested ~ DMV hearing subsequent to an APS action in FY 97/98 rose to a high of 18.2%, which represents a 7.7% increase over the prior year's rate. The proportion of chemical test refusers who requested hearings remained relatively unchanged from last year's total requests (les than 1% increase).
- The proportion of .08 APS actions that were sustained, or upheld following an actual hearing increased by 12.0% over FY 96/97. In FY 97/98, 80.1% of contested actions were sustained bythe DMV. The category of "Driver Safety/Driver Investigation" reviews continued to be usedby some Driver Safety offices to review 2,254 APS cases, an increase of 52.0% over last 'year's1,448 cases. Of those reviewed, 71.7% were set aside representing .a decrease of 21.0% from FY96 / 97.
- The proportion of reat DUI offenders continued to decline in FY 97/98, and now constitutes only 25.0% of all .08 Al'S actions.
- There was a substantial increase (87.5%) in suspensions for commercial drivers driving in commercial vehicles, but the-raw numbers still remain very low (only 30 such drivers. suspended in FY 97/98).
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