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CALIFORNIA DMV APS HEARING:
THE CALIFORNIA DMV HEARING MAY STOP OR DELAY YOUR SUSPENSION

As explained in the website section "10 Day Rule" you only have 10 days from the time of your arrest to request a DMV "administrative per se", or APS, hearing which will delay or stop suspension of your driver's license. Timing is critical on a DUI case.For example, even if you do not win your DMV APS hearing, a hearing date beyond the 30 days of your tempoary license issued by the police may buy you additional time before your license is suspended.

According to the California DMV only the following issues will be discussed at your CALIFORNIA DMV APS HEARING:

A. If you took a chemical test:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC 23152, 23153, or 23154?

Were you lawfully detained while on DUI probation or lawfully arrested?

Were you driving a motor vehicle when you had 0.01% BAC or more while on DUI probation; 0.04% BAC or more while driving a commercial vehicle; or 0.08% BAC or more while driving a noncommercial vehicle?

B. If you refused or failed to complete a chemical test:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC 23152, 23153, or 23154?

Were you lawfully detained while on DUI probation or lawfully arrested?

Were you told that your driving privilege would be suspended or revoked for 1, 2, or 3 years if you refused to submit to or failed to complete a chemical test?

Did you refuse to submit to, or fail to complete a chemical test or preliminary alcohol screening (PAS) test (while on DUI probation) after being requested to do so by a peace officer?

If and when your license is suspended you may file for a restricted license, or "hardship" license after 30 days of being suspended. This means you are looking at 30 days minimum of not being allowed to drive if you lose your DMV APS hearing at which time a restricted license can be issued by the DMV. A restricted license is a driver's license that can be issued by the DMV to allow you go to and from work and DUI classes only and is good for five months.

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