If have been arrested for driving under the influence (DUI) in Fresno or the surrounding area and your blood alcohol concentration (BAC) was measured at 0.08 precentor higher, the California Department of Motor Vehicles (DMV) take action to suspend your driver's license.
In that event, you are entitled to a hearing at the DMV, called an administrative per se or APS hearing, in order to contest the suspension of your driver's license. Fresno DUI attorney Terry Wapner can represent you at this hearing.
An Overview of the APS Hearing in California
When a law enforcement officer arrests you on DUI charges, your California driver's license will be confiscated and you will be provided with a pink colored document. This pink document will serve as a temporary driver's license that will expire in 30 days, at which time your driver's license will be suspended and you will no longer be allowed to drive. After your Fresno DUI arrest, you have 10 days from that date of that temporary license to contact DMV in order to request a hearing regarding your suspended driver's license.
A request for a DMV hearing made within 10 days will cause your driver's license suspension to be postponed pending the outcome of the APS hearing. If you hire a Fresno DUI attorney, they will contact DMV on your behalf. If the 10-day deadline is very close, you must call DMV immediately in order to schedule the APS hearing. If you fail to call within 10 days, you will not have the right to an APS hearing and your driver's license will be suspended, whether or not you have a viable defense.
The APS hearing will be held before a DMV hearing officer at one of the department's regional offices. If you've engaged the services of a DUI attorney in Fresno to handle the criminal charges, that DUI defense attorney should handle the DMV hearing, as well.
In a Fresno DUI case, the DMV hearing officer has to decide three issues:
- Were you driving?
- Were you lawfully stopped and arrested?
- Was your BAC of 0.08 percent or higher at the time of driving?
If the DMV hearing officer finds in your favor, any driver's license suspension will be set aside. If the DMV hearing officer finds against you, a four month suspension will be imposed on a first DUI offense, a one year suspension will be imposed on the second and the third DUI offenses. The four month suspension can be converted into a restricted driver's license, to and from work and an alcohol education program, after the first 30 days. If there is an allegation of a refusal to submit to a chemical test, the driver's license suspension will be for a period of one year on a first DUI offense and two years on a second DUI offense. There are no restricted driver's license provisions for a suspension of one year or more.
The DMV administrative per se or APS hearing and its procedures are very complicated matters. It is wise to hire a DUI defense specialist who is an attorney who regularly handles these hearings. Terry Wapner devotes his entire practice to DUI defense and related actions. Terry Wapner will contact the DMV and take the necessary steps to ensure that your case is defended at the DMV.
Contact a Fresno DUI attorney
If you are facing charges related to a first offense DUI, do not think that your only choice is to plead guilty. Take a moment to contact Terry A. Wapner and schedule a consultation in order to discuss the facts of your case and be advised of your options.