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Admin Per Se

admin per se

California immediate driver license suspension law

In 1990, California implemented an immediate driver license suspension law for alcohol-impaired drivers, also referred to as an “Administrative Per Se (APS)” or “on-the-spot” license suspension law.

If you have been arrested for one of the following offenses, or you have refused a chemical test, the California Admin Per Se law requires the Department of Motor Vehicles (DMV) to suspend or revoke your license upon arrest.

By DUI laws in California, it is illegal for any person to operate:

30-day Temporary License

After your arrest for DUI, your driver’s license is confiscated by the arresting officer, and you are issued with a 30-day temporary license.  This 30-day temporary license is intended to provide you with sufficient time to challenge the suspension through a DMV administrative review (DMV Hearing). You only have 10 days after your arrest to ask for a DMV Stay and Hearing [3] to try to save your license.

Independent of the court

This suspension of your license by the DMV is called an “administrative action” and is independent of any court-imposed criminal penalties for conviction of your DUI offense.  Be aware that the DMV and the court [4] are two separate institutions and have separate and independent powers over your license.

If your charges are dismissed by the court

APS Dismissal Hearing
If your charges are dismissed by the court for insufficient evidence or if you are, following arrest, never charged by the court for DUI, you may request an APS dismissal hearing to consider setting aside the associated APS suspension of your license.

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