Understand Admin Per Se (APS) Suspensions
The most commonly-imposed administrative suspension in California is the administrative per se (APS) suspension; APS suspensions happen when a driver’s blood alcohol concentration (BAC) is over the legal limit. That is, the BAC itself triggers the suspension regardless of whether or not the motorist’s driving was impaired. There are four types of APS suspensions:
- For drivers under 21 — .01 percent
- For drivers 21 and over — .08 percent
- For commercial vehicle drivers — .04 percent
- For drivers on DUI probation — .01 percent
An admin per se suspension becomes effective 30 days after the motorist is served with the APS suspension order (usually by a cop making a DUI arrest) and lasts four months if a first offense or one year if there are any prior offenses during the ten-year look-back period.
The Fine Print
Though the term “administrative suspension” is somewhat misleading (because all suspensions by DMV are administrative given that DMV is an administrative agency), it has been universally used to refer only to suspensions where a motorist has a right to a hearing before a hearing officer who decides whether or not to impose the suspension. A mandatory suspension, on the other hand, happens automatically at DMV upon a triggering event such as a criminal conviction for DUI. A court suspension is one imposed by a judge against a motorist appearing in the courtroom.
VC 13352, VC 13353.2, VC 13353.3, VC 13353.7, 13557, 13358