DMV Process

Typically, upon arrest for DUI, the peace officer will confiscate the suspect’s California driver’s license and issue the arrestee a pink notice. The pink sheet is the Administrative Per Se Suspension/Revocation Order & Temporary Driver License. Its purpose is to inform the suspect of the order of driver’s license suspension and the right to an Administrative Per Se (APS) hearing. This notice also serves as the arrestee’s temporary driver’s license for 30 days. If an APS hearing is not requested within 10 days following arrest, the arrestee’s driver’s license will be automatically suspended and the temporary license will become invalid 30 days following arrest.

The local Driver Safety Office must be contacted to request the APS hearing within 10 days of the DUI arrest. It is critical at this time to hire a skilled defense attorney. The DUI defense attorney will request the APS hearing, a stay on the driver’s license, and discovery. Discovery is the key to building a strong defense case. Once the APS hearing has been requested, the DMV will issue a new temporary license that grants full driving privileges until a final decision is rendered on the APS hearing.

Representing the DMV, a Hearing Officer will preside over the APS hearing. The Hearing Officer acts as both prosecutor and judge and is responsible for the burden of proving the following issues:

If the driver submitted to a chemical test, the issues are:

  • Did the officer have reasonable cause to believe that the licensee was driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?
  • Was the licensee lawfully arrested?
  • Was the licensee driving a motor vehicle with 0.08% or more, by weight, of alcohol in the blood?

If the driver refused to submit to, or failed to complete, a chemical test the issues are:

  • Did the officer have reasonable cause to believe that the licensee was driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?
  • Was the licensee lawfully arrested?
  • Was the licensee advised that refusal to submit to, or failure to complete, a breath or blood test would result in a one year license suspension or two or three year revocation?
  • Did the licensee refuse to submit to, or fail to complete, a chemical test after being requested to by a peace officer?

The Hearing Officer enters into evidence the arresting officer’s investigation reports which include, but is not limited to, the DS-367 sworn report, the arrest and investigation reports, and chemical testing results. A defense attorney who is experienced with these proceedings will object to the documents, present evidence to rebut the charges, and call witnesses who can override the documentation. Having an attorney who is skilled at representing licensees at the APS hearing can greatly improve the odds of a successful outcome. After both sides have completed the presentation of evidence, the Hearing Officer must review all evidence, testimony and facts, then render a written decision. This decision will either uphold the suspension or revocation of the driver’s license or set it aside.

The length of suspension depends upon the number of actions the DMV has taken against the offender’s license in the last 10 years. On a first offense suspension, the suspension period is 4 months; however, a restricted license is available after a 30 day hard suspension. Should the licensee choose to get a restricted license, the restricted license will remain in place for a period of 5 months. A restricted license allows the licensee to drive to and from work, during the course of work, and to and from an alcohol program. On second and subsequent offenses, a restricted license is not available after an APS suspension. Call the DUI Professor today to protect your driving privileges!