Criminal Defense in Orange County
Understanding DMV Hearings

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 document itself.

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 influence;
  • 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.


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