You may be subjected to an Administrative Per Se (APS) Hearing if you refuse to take a Breathalyzer test after being pulled over for a suspected DUI. These hearings also apply to individuals whose BAC levels test at 0.01% or higher while on probation due to another DUI conviction. Regardless of your BAC, if you refuse the Breathalyzer test, the arresting officer will likely remove your license from your possession immediately and send it to the DMV to be destroyed. Your license will be suspended for 30 days following the incident. This penalty is independent of any other additional consequences that you may face after your DUI arrest has been through trial.
After your license has been suspended, you have 10 days in which you are allowed to contest whether or not your suspension was just. During this time, it is essential to consult with our DUI lawyer at AMIN LAW. We are thorough in our evaluation of your unique circumstances and can alert you to any problems you may encounter.
In preparation for your hearing, we look at several essential factors, including:
Regardless of whether you intend to follow-up with the offer of the 10-Day Rule, the APS Hearing program immediately removes your driving privileges. Contacting our firm as soon as possible can help decrease the impact this has on your daily life. Request a free consultation at 415.300.2037 to learn more about how we can help.