Driving Under the Influence


A person may receive a suspension of their California driving privileges if convicted of a DUI offense in court, or as a result of the DMV‘s internal Administrative Per Se (APS) procedure. The courts are typically no longer involved in the suspension of licenses for DUI offenses. The licensee still faces, however, 2 possible suspensions of their driving privilege as a result of a DUI arrest. DMV may suspend based on its own internal APS procedure, which goes into effect after 30 calendar days if the licensee fails to request a hearing within 10 calendar days of the arrest, or after ruling against the licensee at the hearing. DMV may also suspend the driving privilege if the licensee is convicted of a DUI offense in court. These suspensions can be of varying length, and do not necessarily run together.

Many people end up with longer suspensions because they do not have a lawyer who knows their legal rights with respect to DMV. I have even seen and later represented attorneys who fall into this category, because they were not experienced in the intricacies of DUI and DMV law. The sanctions for driving in violation of a DUI suspension are severe, and call for mandatory periods of jail time. Compliance is essential, and unnecessary longer periods of suspension due to ignorance can be avoided.