Orange County DMV Hearing Attorney
You only have 10 days to request a hearing!
At The Law Office of Barney B. Gibbs, our Anaheim DUI lawyer is dedicated
to representing individuals accused of DUIs through DMV hearings. The
process by which the DMV suspends a person's privilege to operate
a motor vehicle is sometimes called the "Stop & Snatch Law."
This process was created in order to get drunk drivers off the road and
is referred to as APS (Admin Per Se). There are a number of ways a person
can be served with an APS order.
The governing California Vehicle Code sections include:
- CVC § 13353.2 – BAC of .01 or higher
- CVC § 13353.2 – BAC of .08 or higher
- CVC § 13353.1 – Refusing a chemical test
The suspension periods for APS actions are dependent upon a number of factors.
First, is there a prior
DUI, are there multiple prior DUIs and/or was there a refusal? What makes
the APS process so confusing is that there can be additional suspensions
happening simultaneously. If a person has too many points on their driving
record, two more points may make them a "negligent operator."
Furthermore, if one has two prior convictions, he/she may be looking at
a suspension as a result of the new conviction which may be longer than
the APS suspension. An APS action is particularly important to individuals
who have been charged with
multiple DUI offenses because the length of the suspension, often one year, is imposed without
any restricted driving privileges allowed.
Understanding the Administrative Per Se (APS) Process
The APS process begins with the confiscation of the person's driver
license, upon which they will be served with a temporary license. This
document contains the advisement regarding the process for setting an
APS hearing. Many times, police officers misinform individuals about the
time frame allowed to set these hearings, so it is best to rely on the
Evidence which must be shown at a DMV hearing is as follows:
- The officer had reason to believe the person had been driving under the
- The person was arrested; and
- The person was driving a motor vehicle with a blood alcohol level greater
or equal to .08%.
A refusal is different because, since there is usually no chemical test,
the person must have refused or failed to complete a chemical test after
being requested to do so by a peace officer. Once the hearing is commenced,
the DMV hearing officer will consider evidence in the form of police reports
as well as expert and civilian testimony. It is often in your best interest
to have legal counsel present.
These hearings can be very technical and require a lawyer who is not only
familiar with the Evidence Code, but also administrative law. The APS
process places many hurdles in the path of the defendant. Only a DUI defense
attprney who is well-versed in the APS process and DUI law can provide
the defendant with the kind of representation that will allow the best
chance of success.
Contact The Law Office of Barney B. Gibbs for the aggressive
criminal defense that you will need at your DMV hearing in Orange County. You only have
10 days to take action! Get started today by
calling our firm.