California DMV administrative per se

DMV Administrative Per Se Hearing

When a person is arrested for a DUI, the person is entitled to a DMV hearing. This hearing is called an “administrative per se hearing.” Anyone arrested for DUI in California, whether they hold a California drivers license or not, must request a hearing with the Department of Motor Vehicles Driver Safety Office that is closest to the location of arrest. This request MUST be made within 10 days of the date of arrest (including weekends and holidays), or the arrestees license will automatically be suspended after 30 days.

Out-of-state residents who are arrested in California are not exempt from this obligation, even if they do not have a California license or if they have no intention of returning to California. Because of something called the Interstate Drivers License Compact, which operates to share information between the various states, the California DMV action will be reported to the drivers home state, and the license-holder from another state acts at his or her peril by failing to request the hearing, regardless of whether they ever intend on returning to California.

Assuming the DMV administrative per se hearing request is made within 10 days of the date of arrest, the issues to be determined at the hearing will vary, depending upon whether you provided a chemical test of your blood or breath or whether the chemical test was refused.

Where a chemical test of your blood or breath WAS given, there are three issues:

1.  
   1. Did the officer have reasonable cause to believe you were driving a motor vehicle while under the influence of alcohol?
   2. Were you placed under lawful arrest?
   3. Were you driving a motor vehicle when you had a Blood Alcohol Content (BAC) of .08% or higher?

Where a chemical test was allegedly REFUSED, the issues differ slightly, and include:

1.  
   1. Did the officer have reasonable cause to believe you were driving a motor vehicle while under the influence of alcohol?
   2. Were you placed under lawful arrest?
   3. Were you properly advised of the consequences of a refusal to submit to a chemical test of your blood or breath?
   4. Did you refuse to submit to or fail to complete a blood or breath test, after being requested to do so by an officer?