If you have been arrested for DUI in California, you must contact the Department of Motor Vehicles Driver Safety Office within 10 days of your arrest and request and schedule an Administrative Per Se (APS) hearing. Failure to do this will result in the 4 month suspension of your driver’s license on the 31st day after your arrest. At this hearing, the DMV is required to prove that the officer had reasonable cause to believe you were driving under the influence, that you were placed under a lawful arrest and that you were driving with a BAC of .08 or more (.01 or more if you were under 21) OR that you were properly admonished by an officer and refused to submit to a chemical test. These hearings are often difficult to win without a properly trained and skillful attorney representing you before the DMV.
If you have multiple convictions for traffic violations, the Department of Motor Vehicles may send you a notification that your driver’s license will be suspended because you have accumulated too many points on your driving record. Four or more points in a 12 month period, six or more in 24 months, and eight or more in 36 months will trigger a negligent operator action. For commercial drivers, point violations are assessed on a 1.5 point basis. Upon receipt of the notice, you have only 10 days to contact the DMV and request a hearing so that an automatic 6-month suspension of your driver’s license is not implemented. At that hearing, you can present evidence on your behalf to mitigate the circumstances leading to a negligent operator suspension.