California DUI Statistics: California Administrative Per Se

DMV – Administrative Per Se

Key Findings For 1997/1998

To the

1997/8 APS Facts

  • 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
  • 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%
  • 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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