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Admin Per Se DMV Suspension

On Behalf of | Mar 1, 2021 | Firm News |

In California, the most commonly imposed driving suspension is the administrative per se suspension (APS), which essentially is related to driving under the influence. If your blood alcohol concentration (BAC) is over a certain legal limit, it can result in a suspension of your license, regardless of whether or not there was any sign of impairment.

What are those limits? If you’re over the age of 21, a BAC of .08% or greater will result in a suspension. For those under 21, there is a zero tolerance policy and a BAC as low as .01% will trigger an automatic suspension. When driving a commercial vehicle, the limit is .04%. For those already on a DUI probation suspension, you will get an extended suspension if your BAC is .01%.*

An admin per se suspension becomes effective 30 days after being served, and for first offenses, lasts four months, although you can opt for a five-month work-restricted license after the first month. If you’ve had prior suspensions within the last 10 years, your license will be suspended for one year. Again, there are exceptions. If you’ve been convicted of a DUI, you may be eligible for an ignition interlock restricted license after 90 days. An Ignition Interlock Device is also known as a “car breathalyzer” making you unable to use your vehicle if your BAC is over the legal limit. If your license indicates this restriction, you will need to have the device installed in your car in order to drive.**

You don’t have to navigate through this complicated process alone, especially with so much on the line. You need an attorney with years of experience handling these types of DMV cases. Winfield Law can help you get behind the wheel again.

*See Section 13353.2 (1-4)

**See Section 13353.3 (1-2), Section 13353.7, Section 133.52