In this article, you can discover…
- What an APS hearing is, and what to expect during the process.
- The evidence that can help your case during an APS hearing.
- How an attorney can help you contest the suspension of your license.
What Are The California DMV’s New Procedures For DUI-Related APS Hearings, And When Did They Go Into Effect?
For decades, California’s Department of Motor Vehicles (DMV) handled Administrative Per Se (APS) hearings in a way that allowed DMV hearing officers to act as both judge and prosecutor. However, a legal challenge made via CDLA v. DMV determined that this dual role was unfair. As a result, the DMV implemented new procedures in mid-2024 to comply with the court ruling.
These changes significantly impact how California DMV license suspension hearings are conducted. If you are facing a DUI license suspension in California, it is in your best interest to hire an attorney who understands the new DMV procedures and how they affect your case.
What Is An APS Hearing?
An APS Administrative Per Se, hearing is a civil proceeding conducted by the California Department of Motor Vehicles to determine whether your license should be suspended after a DUI arrest. This hearing is separate from the criminal court case. This means you must fight not one but two legal battles: one in criminal court and one against the DMV.
Following a DUI arrest, the officer typically issues a pink temporary license, valid for 30 days. However, if you request a hearing within 10 days, you may continue driving beyond those 30 days until a decision is reached. Unlike criminal court, where guilt must be proven beyond a reasonable doubt, APS hearings follow a lower, more likely than not standard. If the DMV finds sufficient evidence, your driver’s license will be suspended for at least four months or longer if you refuse a chemical test.
How Have California’s New APS Hearing Procedures Affected DUI Cases In The Bay Area?
Recent changes to APS hearing procedures in California, including the San Francisco Bay Area, have made it even more critical for you to hire an experienced DUI attorney if arrested on DUI charges. These changes have significantly restricted the ability to delay hearings, limiting continuances and forcing cases to move faster often at the expense of your due process rights.
Previously, skilled DUI lawyers could extend APS hearings for months or even years, allowing time to gather evidence, challenge DMV claims, and build a strong defense. Now, the DMV rarely grants extensions beyond 30 days, pressuring you to secure evidence and subpoenas quickly. This shift makes it much harder to fight a license suspension, driving home the need to partner with a lawyer with extensive DMV experience and a deep understanding of these new challenges.
Has The DMV’s New Process Made It Harder Or Easier To Win APS Hearings?
The DMV’s new APS hearing process has changed the way cases are assigned, arguably making it more challenging to secure a favorable outcome. Previously, attorneys could request specific hearing officers they knew to be fair, increasing the chances of a favorable ruling. Now, hearings are assigned randomly through a statewide system, meaning you may face hearing officers from anywhere in California, often with little, if any, predictability.
Despite these changes, experienced DUI attorneys who understand discovery deadlines and evidentiary rules can still improve the chances of a set-aside, that is, a dismissal of your license suspension. Identifying procedural errors or missed deadlines is a key way attorneys can challenge the DMV’s cases in these situations. And while it’s now harder to influence the process on your own, a skilled DUI lawyer familiar with APS hearings still offers you a decent chance of success in avoiding having your license suspended.
Are There DUI Defenses That No Longer Work In APS Hearings Due To The DMV’s New Procedures?
It’s safe to say that the same DUI defenses still apply in APS hearings, but the time constraints imposed by the DMV have made some defenses harder to implement effectively. Previously, delays in hearings could work to a defendant’s advantage, as key witnesses, such as arresting officers, might become unavailable over time. Now, with the DMV pushing for faster case resolutions, attorneys have less time to build a strong defense or wait for procedural weaknesses to emerge.
However, in some cases, these changes can work in your favor. For example, a recent refusal case was re-evaluated due to internal DMV pressures, allowing the defense to negotiate a less severe penalty, reducing a one-year license suspension to just four months with restricted driving privileges. Recent changes have undoubtedly made APS hearings more difficult, but an experienced DUI attorney can still come up with strategic opportunities within the new system that deliver the results you need.
What Evidence Is Required In APS Hearings Under The DMV’s Updated Guidelines?
The required evidence remains the same in APS hearings. The DMV must prove:
- Probable cause for the initial stop and DUI investigation.
- Lawful arrest by the officer.
- Proper procedures were followed.
- That your BAC was 0.08 or higher at the time of driving or within three hours of testing.
It can be said that access to evidence has changed, though. Defense attorneys previously obtained evidence like police reports, dashcam footage, and breathalyzer records from the DA’s office without formal subpoenas. Now, due to delays in DUI charge filings, attorneys must subpoena evidence quickly or risk having hearings proceed without it.
On top of this, some DMV hearing officers refuse to enforce subpoenas properly, often defaulting to suspending licenses and forcing attorneys to file appeals instead. This bureaucratic shift makes APS hearings more difficult and costly, as the DMV prioritizes quick resolutions over ensuring due process.
How Have DMV Changes Impacted DUI Cases in Court?
DMV’s new seeming rush-to-resolution approach limits due process, creating an unfair burden on you while failing to follow the original intent of DUI laws. The biggest impact is the difficulty in keeping DMV hearings and court cases on the same timeline.
Previously, attorneys could delay APS hearings to align with the criminal case, allowing clients to keep driving longer and potentially reduce suspension times. Now, DMV rushes APS hearings, often suspending licenses within two to three months of arrest before the court case is even filed.
This results in overlapping suspensions. Drivers often serve four months with an ignition interlock after an APS suspension, only to face an additional six-month interlock requirement if convicted in court. DMV does not credit time already served under the administrative suspension, leading to longer total restrictions. A wet reckless plea can help avoid this duplication, but most DUI cases in California still result in convictions.
Are DUI Arrests More Likely To End In License Suspensions Due To Recent DMV Changes?
In many cases, drivers arrested for DUI are more likely to have their licenses suspended as a result of recent changes with DMV. Suspensions now happen more quickly, often within two to three months of arrest, due to DMV’s push to expedite APS hearings. This reduces the time attorneys have to gather evidence, subpoena records, and build a defense.
More than this, the DMV is increasingly ignoring subpoena compliance issues, forcing attorneys to file appeals instead of properly resolving cases upfront. This makes it harder to fight suspensions, leading to more drivers losing their licenses sooner than before.
Can A DUI Attorney Successfully Challenge A License Suspension Under the DMV’s New APS Hearing Rules?
Skilled DUI attorneys can still fight and win APS hearings despite the DMV’s new expedited procedures. Of course, no lawyer wins every case they take on, but an experienced attorney will understand how to build strong defenses, challenge evidence, and maximize your chances of success.
Hiring the right DUI attorney is absolutely crucial. An effective lawyer will handle your case personally, ensuring that you receive the personalized service you need rather than be passed between different legal staff. And the strong defense they develop will go far to prevent costly penalties, insurance rate increases, and long-term financial consequences you may face.
There’s no question that fighting a DUI charge requires an investment, but the potential savings in fines, lost wages, and higher insurance costs often far exceed the upfront legal fees you’ll have to pay. Choosing an experienced attorney who knows how to navigate DMV hearings can make all the difference in protecting your driving privileges.
With over 30 years of experience exclusively handling DUI defense cases, Aaron Bortel has successfully guided thousands of clients through complex DMV hearings and legal challenges. As a leader in DUI defense, he stays ahead of ever-changing laws and procedures, ensuring you receive the most effective representation you can.
The recent changes to APS hearings make skilled legal counsel more critical than ever, and Aaron Bortel has already helped clients navigate these new hurdles. Most importantly, he’s ready to do the same for you, too. If you’re facing a DUI-related license suspension, contact him today for the legal guidance you need.
How Do These Changes Affect The Timeline For Getting A Restricted License, Work Permit, Or Ignition Interlock Device After A DUI Arrest?
Recent DMV changes have dramatically sped up license suspension timelines. This means you must act quickly to secure a restricted license, ignition interlock device (IID), or SR-22 insurance. Unlike before, where attorneys could delay the process to align court and DMV cases, suspensions now often occur within two to three months of arrest.
If you’re at risk of having your license suspended, you may need to enroll in DUI school and install an IID sooner to regain driving privileges. Some DUI schools have limited capacity, especially in areas like Marin County, where schools have shut down. An experienced DUI attorney can direct you to available schools and reputable IID providers to avoid delays.
Despite All This, Should I Still Request An APS Hearing After A DUI Arrest?
Yes, requesting an APS hearing is still very valuable after you’ve been arrested for DUI. It can delay or even prevent your license from being suspended. You have only 10 calendar days from the date of your arrest to request a hearing, and failing to do so means an automatic suspension after 30 days.
A DUI attorney should handle the request to ensure it’s properly submitted. The DMV may try to dissuade you from requesting a hearing, but if your lawyer is experienced, they’ll make use of multiple submission methods, be it paper mail, fax, or email, to confirm receipt and secure a hearing date. They’ll document everything, too. This keeps your license valid for months while your case is pending. And if your attorney wins your APS hearing or secures a reduced charge in court, you may avoid suspension entirely.
What Steps Should I Take Immediately After My DUI Arrest In California To Improve My Chances Of Keeping My License?
The most critical step after a DUI arrest in California is to hire an experienced DUI attorney immediately. The DMV has strict deadlines, and a lawyer can help navigate both the criminal case and the DMV process to improve your chances of keeping your license. Other than this, be sure to:
Request An APS Hearing
You have only 10 calendar days to request a DMV hearing to challenge your license suspension. If you miss this deadline, your license will be automatically suspended.
Choose The Right DUI Attorney
Look for local lawyers who specialize in DUI defense, understand the new DMV policies, and have a proven track record of winning hearings. Read client reviews carefully and schedule consultations to get a feel before you hire anyone.
Follow Legal Advice
Once you hire an attorney, they will guide you on DUI school enrollment, SR-22 insurance, and ignition interlock device requirements, all of which may now be required sooner under the new policies.
Promptly taking these steps can help you maximize your chances of keeping your license and minimize the penalties you’d otherwise face.
Have These Changes Shifted Your Approach To Representing Clients Facing DUI Charges In The Bay Area?
While my overall approach remains the same, I’ve naturally made strategic, though relatively minor, adjustments to address the DMV’s new procedures. These changes primarily affect how I handle APS hearings, which now require more formal objections and extensive documentation. Some of these adjustments include:
Expanded DMV Hearing Requests
My hearing request letters are now longer and include specific objections to procedural changes that may violate legal precedents.
Increased Record Subpoenas
Since some DMV hearing officers limit access to evidence, I now subpoena records that were previously available through the DA’s office.
Client Data Protection
DMV now requests unnecessary personal details like client phone numbers and emails. While I comply where required, I also challenge excessive data requests to protect your privacy.
Control Over Hearing Scheduling
I explicitly state in my requests that DMV must coordinate with me rather than unilaterally setting hearing dates.
These strategic objections and procedural refinements help ensure you receive a fair hearing and empower me to deliver the best possible defense for you that I can.
What Makes The Law Firm Of Aaron Bortel Uniquely Qualified To Support Me Through My DUI Case?
At the Law Firm of Aaron Bortel, we are proud of our over 30 years of exclusive DUI defense experience, which uniquely positions us to be able to handle your case, no matter how complex it may be. Evolving DUI laws and DMV procedures don’t put a hamper on our ability to deliver the legal service you need that steers you clear of unjust penalties and protects your future.
We are fully committed to protecting your rights, preserving your license, and achieving the best possible outcome in your case. Unlike general criminal defense attorneys, we are completely focused on DUI cases, ensuring you receive the most up-to-date legal strategies and dedicated representation. More than this, we boast:
DUI-Focused Experience
We have handled thousands of cases and continuously refine our approach based on new laws, court rulings, and DMV policy shifts.
In-Depth Legal Leadership And Training
I train other attorneys on DUI defense strategies, including DMV hearing advocacy. I’m a longtime member of the California DUI Lawyers Association and the National College for DUI Defense, ensuring I stay ahead of legal trends.
A Collaborative Legal Network
I work closely with top DUI and criminal defense lawyers in the Bay Area, providing you with access to specialized expertise when cases involve additional charges.
A Proactive And Responsive Ethos
We prioritize fast, clear communication, personally addressing your concerns, seven days a week. If I’m unavailable, I ensure another experienced attorney responds promptly.
Still Have Questions? Ready To Get Started?
For more information on California DMV license suspension hearings, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.
With over 30 years of experience exclusively handling DUI defense cases, Aaron Bortel has successfully guided thousands of clients through complex DMV hearings and legal challenges. As a leader in DUI defense, he stays ahead of ever-changing laws and procedures, ensuring you receive the most effective representation you can.
The recent changes to APS hearings make skilled legal counsel more critical than ever, and Aaron Bortel has already helped clients navigate these new hurdles. Most importantly, he’s ready to do the same for you, too. If you’re facing a DUI-related license suspension, contact him today for the legal guidance you need.
