What a California APS Suspension Is
APS stands for administrative per se. A California APS suspension is the DMV action that follows many DUI arrests, often before any court date. It concerns only the driving privilege. Jail, fines and probation belong to the separate criminal case.
The DMV DUI page describes APS as an immediate administrative action. It says the APS sanctions run independently of any court penalty.
Grounds for the Suspension
Vehicle Code section 13353.2 lists the main grounds. The DMV suspends the privilege when a person drove with 0.08 percent or more. It also acts when a driver under 21 tested at 0.01 or more, or when a commercial driver tested at 0.04 or more.
One more ground covers drivers on DUI probation. A result of 0.01 or more while on probation triggers it as well. Refusal cases follow a separate section with longer periods.
How Long a California APS Suspension Lasts
For drivers 21 and older who took a test at 0.08 or more, the DMV page lists a four month suspension for a first offense. A second or later offense within 10 years brings one year.
Drivers under 21 at 0.01 or more face one year. Refusals carry longer periods, which the article on California DUI test refusal explains.
A Civil Matter Apart From Guilt
Section 13353.2 calls the APS finding a civil matter. It says the finding is independent of guilt or innocence and has no binding effect on the criminal case. So the DMV can sustain a suspension while the court case is still open.
The reverse also holds. A DMV win does not end the criminal case. The article on DUI court versus DMV explains how the two tracks relate.
Automatic Review and the Hearing
The DMV reviews every APS case on its own. Under Vehicle Code section 13557, it considers the officer’s sworn report and the evidence sent with it. That review uses a preponderance of the evidence standard.
A driver who wants more can request a hearing. The window is 10 days from receiving the notice to get a decision before the suspension starts. The guide on DMV DUI hearing deadline covers that clock.
What the Notice Must Say
Section 13353.2 requires the notice to state the reason and grounds, the effective date and the right to a hearing. It must also explain how to request one and the date to do so.
So the notice is the first document to read closely. Keep it with the other arrest papers.
Driving During a California APS Suspension
Driving permission depends on the temporary license and the effective date. After that, a restricted license may become possible in some cases. The article on California DUI restricted license options explains when. Never assume a pending hearing allows driving during a California APS suspension.