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 Vehicle Code sections include C.V.C section 13353.2 (BAL .01 or higher), C.V.C. section 13353.2 (BAL .08 or higher) and C.V.C. section 13353.1 (Refusal to submit to 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 his/her driving record, two more points may put them over the limit and make them a negligent operator. Further, 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 charged with multiple DUIs because the length of the suspension, often one year, is imposed without any restricted driving privileges allowed.

The APS process begins with the confiscation of the person's driver license. The person is thereupon served the APS 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 document itself. As an attorney accustomed to seeing obscure legal documents, I can fully understand the confusion most people encounter when reviewing the APS temporary license. It is apparently written by lawyers for lawyers.

Evidence which must be shown at an excessive blood alcohol (>.08 percent) hearing is as follows:

1. The peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of C.V.C. section 23152 or C.V.C. 23153,


2. The person was arrested, and


3. The person was driving a motor vehicle with a blood alcohol level greater or equal to .08 percent.

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. These hearings can be very technical and require an attorney who is not only familiar with the Evidence Code, but also administrative law as well.

As can be seen, the APS process places many hurdles in the path of the criminal defendant. Only an experienced criminal attorney, well-versed in the APS process as well as DUI law, can provide the DUI defendant with the kind of representation that will allow the best chance of success.