In every DUI case, the driver faces criminal court consequences, and DMV consequences. (Other consequences can also effect the driver, depending on the nature of the events leading up to their arrest and what type of career they have). With respect to the DMV consequences, they result after the driver is taken through the “APS” process. “APS” is an abbreviation that stands for “Administrative Per Se” and is the term used to describe the DMV’s special, statutory procedures in dealing with someone accused of driving under the influence of alcohol.
DMV APS Proceedings: Step by step with the help of a DUI Lawyer.
The DMV APS proceeeding starts the moment the driver is stopped by law enforcement. During DUI enforcement stops, the driver will be questioned by law enforcement and if they suspect the driver is under the influence of alcohol or drugs, they will conduct a DUI field investigation. During the field investigation, the law enforcement officer involved is very likely filling out a “DS-367” form and using this form to guide them during the investigation. The DS-367 is the most important document in the APS process: it has all of the information that the DMV uses to determine if an APS driver’s license suspension is warranted.
The driver will be placed under arrest and given a pink document that will serve as their temporary driver’s license. The plastic license the driver just relinquished, and the DS-367 will be forwarded to the local DMV Driver Safety Office. If the driver does not take steps within 10 days of the arrest, the will face an automatic license suspension. The license suspension will take effect 30 days after the arrest (giving the DMV enough time to conduct an internal review of the driver’s file to determine if a suspension is warranted.)
DMV APS Hearings: What happens if the driver asks for a hearing?
The APS hearing process is a legal proceeding at the DMV driver safety office where the DMV makes a determination if the driver’s license should be suspended. In cases where a timely hearing request is made, the DMV will not suspend the driver’s license until the hearing is concluded. During the hearing, the driver can present a defense and confront and cross examine the witnesses and case against them. This differs from the DMV’s internal review, where the driver does not get to make any defense or have any input whatsoever.
DMV APS Proceedings Reference Links:
DMV APS Proceedings: The California DMV has put together information regarding DMV APS hearings.
DMV Hearings Expanded information discussing the DMV hearing process in DUI cases