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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May 26, 2012
