DMV Administrative Per Se (APS) Hearings & 10-Day License Suspension Defense
Following a DUI arrest, the Department of Motor Vehicles (DMV) initiates an independent administrative license suspension process entirely separate from the criminal court prosecution.
1. The Mandatory 10-Day Hearing Request Window
Drivers have strictly 10 calendar days from the date of arrest to request a formal Administrative Per Se (APS) hearing. Failure to make this demand results in automatic suspension upon the expiration of the temporary 30-day pink license.
| Offense Category | First-Time DUI (BAC ≥ 0.08%) | Chemical Test Refusal | Repeat DUI Offense |
|---|---|---|---|
| DMV Suspension Period | 4 Months (or immediate IID restricted) | 1 Year Mandatory (No restricted license) | 1 to 2 Years Suspension |
| Stay of Suspension | Granted upon timely hearing request | Granted upon timely hearing request | Granted upon timely hearing request |
| Key Issues Examined | Reasonable cause, lawful arrest, BAC ≥ 0.08% | Reasonable cause, refusal admonition given | Prior conviction validity, lawful arrest |
📌 Strategic Advantage
Conducting a DMV hearing allows defense counsel to cross-examine arresting officers under oath and obtain dispatch audio, body camera footage, and maintenance logs prior to criminal arraignment.
Authored & Verified by Duiattorneysonline Senior Trial Counsel
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