DMV Administrative Suspension: How It Works (Part 1 of 2)

DUI Attorney in Orange County

If you are arrested for a DUI in Orange County, the arresting officer will immediately seize your driver’s license and give you a pink piece of paper called an “Administrative Per Se Order of Suspension/Revocation and Temporary License Endorsement.” Orange County DUI Attorneys will tell you that whether you take a blood test, breath test or, in rare cases, a urine test, the officer will take your license even though the results of the blood or urine test wont be known for some time. If you refuse to take one of these tests you will still have your license seized and be served with this pink piece of paper. However, the consequences will be much more severe. If the arresting officer, for some reason, forgets to, or is unable to, seize your license and serve you with the suspension order, the DMV will mail the order to you.  

This pink piece of paper-- Administrative Per Se Order of Suspension/Revocation and Temporary License Endorsement—has several functions. First, it is a notice to you, and your Orange County DUI Attorney, of the administrative license suspension of your driving privileges. Second, it is your temporary license, allowing you to drive for the next 30 days until the administrative suspension begins. And finally it is a notice to you of your right to request an administrative hearing ( DMV hearing) on the matter WITHIN 10 DAYS OF YOUR ARREST. As the form explains in its complex print, if you do not request the administrative hearing—called an Administrative Per Se hearing—within ten days, then you waive your right to that hearing and the suspension will begin 30 days from the date of arrest.

If you or your DUI Lawyer in Orange County do request an APS hearing within the 10 days, then you will be allowed to continue driving until and unless you and your DUI Lawyer in Orange County lose that hearing. Since the APS hearing is typically scheduled well beyond 30 days from the date of arrest, requesting an APS hearing will usually buy you more time to drive until the suspension begins. Of course, if your Orange County DUI Lawyer wins the APS hearing, then your driving privileges will not be suspended unless you plead guilty, or are found guilty, of a DUI in the Orange County court.

If you have been arrested and served with an order of suspension, call the Law Offices of EJ Stopyro at (949) 559-5500 today to consult with experienced Orange County DUI lawyers. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DUI Attorneys in Orange County