Administrative Per Se (APS) Hearings

If a driver is arrested for a DUI, California law requires that they be given the choice of either a chemical breath or blood test. If either test comes back with a 0.08% blood alcohol content (BAC) or higher or if the person refuses to submit to the chemical testing, the person’s license is immediately confiscated by the police (unless it is an out of state license). If you have been arrested for a DUI, you may have also had your license suspended by the DMV. Additionally, if you have had multiple DUIs or if someone was injured while you were driving under the influence, the court or the DMV may have also required you to install an ignition interlock device (IIG) for anywhere from 12-48 months. If you or someone you know has been arrested for a DUI in Orange County, an experienced attorney can help with your case. Orange County DUI lawyer, William Weinberg is an experienced attorney who has successfully defended hundreds of clients, including those who have had their license suspended or revoked by the DMV. Mr. Weinberg is a zealous advocate for the clients that he represents and has a track record of proven results. Mr. Weinberg takes the time to individually review each potential client’s case to provide a plan that works best for their circumstances. It can be intimidating and challenging to fight the DMV, however having an attorney who understands the process and is familiar with the people who have the ability to get things accomplished will be an invaluable asset to your case.

When a person is arrested for a DUI, the DMV will try to have that person’s drivers license suspended. Drivers who are arrested for an underage DUI or who refuse to submit to a chemical test will more than likely lose their license for one year. Additionally, if you are arrested for a DUI and move out of state, the consequences will continue to follow you to the DMV in the new state. Fortunately, drivers are able to schedule an Administrative Per Se (APS) hearing with the DMV to try and avoid a license suspension. However, this Administrative Per Se hearing must be scheduled within ten days of the DUI arrest or you will automatically lose your license within thirty days. If you do not have time to contact an attorney, you should schedule the Administrative Per Se hearing yourself, however an experienced DUI lawyer can assist you at this hearing and may be the reason you are able to keep your license.

In some cases if you meet the eligibility requirements, you may be able to regain your driving privileges if you install an ignition interlock device in your car. However, drivers who are arrested for DUIs involving drugs are typically not eligible to regain driving privileges through the use of an IIG. Ignition interlock devices may only be installed by facilities approved by the DMV and must be inspected every sixty days. Noncompliance with the ignition interlock devices policies will result in having your license either suspended or revoked.

Orange County DUI attorney William Weinberg is an experienced lawyer in Orange County who has many years of experience defending clients charged in DUI cases. He will consider your case free of charge and advise you of your options. To reach him please contact his Irvine office at 949-474-8008 or by emailing him at bill@williamweinberg.com.