DMV Information

DMV Information

The most important information you need to remember is that YOU OR YOUR DUI LAWYER MUST SCHEDULE A DMV ADMINISTRATIVE PER SE HEARING WITHIN 10 DAYS OF YOUR ARREST OTHERWISE YOU AUTOMATICALLY LOSE YOUR LICENSE.  This administrative per se (APS) hearing allows your attorney to present your case as to why your suspension or revocation was not justified.  In order for the DMV to suspend a license, the arresting officer must prove three things:

  1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153?
  2. Were you lawfully arrested?
  3. Were you driving a motor vehicle with a BAC level of 0.08% or more?

If you refused or failed to complete a chemical test:

  1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153?
  2. Were you lawfully arrested?
  3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete a chemical test?
  4. Did you refuse to submit to or fail to complete a chemical test after being requested to do so by a peace officer?

The law is stricter for drivers under 21 years of age.

A. If you took a PAS or chemical test:

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §23136?
2. Were you lawfully arrested or detained?
3. Were you driving a motor vehicle while under age 21, with a BAC level of 0.01% or greater, measured by a PAS device, or other chemical test?

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

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §23136?
2. Were you lawfully arrested or detained?
3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete the PAS test while under age 21?
4. Did you refuse to submit to or fail to complete a PAS test after being requested to do so by a peace officer?

If you are arrested for a DUI in the Los Angeles Area, you need to take the time to understand your situation and take the steps to protect your rights and your freedom. The state of California has one of the largest and most sophisticated Department of Motor Vehicles in the nation, and has one of the most user-friendly websites on the Internet.

The main page http://www.dmv.ca.gov/, has a wealth of information regarding DMV information in the Los Angeles Area.

Please contact the Pasadena DUI Lawyers at (626) 388-1521.