The administrative per se suspension under Vehicle Code 13353.2 is the DMV's own license suspension, separate from anything that happens in criminal court, and it is triggered the moment you are arrested for a DUI with a measured alcohol level at or above the limit. I am Joel Brand, and here is how it works and how I fight it.
The text of the law
Vehicle Code 13353.2(a). The department shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons: (1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood. (2) The person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test. (3) The person was driving a vehicle that requires a commercial driver's license when the person had 0.04 percent or more, by weight, of alcohol in his or her blood. (4) The person was driving a motor vehicle when both of the following applied: (A) The person was on probation for a violation of Section 23152 or 23153. (B) The person had 0.01 percent or more, by weight, of alcohol in his or her blood, as measured by a preliminary alcohol screening test or other chemical test.
What "administrative per se" means
"Administrative per se," often shortened to APS, means the DMV suspends your license based on the alcohol level alone, "per se," without waiting for a criminal conviction. It is an administrative action by the department, completely separate from the court case. As the statute lists, it applies at 0.08 percent for most drivers, 0.01 percent for drivers under 21, 0.04 percent for commercial drivers, and 0.01 percent for anyone already on DUI probation. The arresting officer typically takes the physical license and issues a pink temporary license that doubles as the notice of suspension.
The 10-day deadline is critical
The single most important thing to understand about the APS suspension is the deadline. You have only 10 days from the date of arrest to request a hearing from the DMV. Miss that window and the suspension takes effect automatically, with no hearing at all. Request it in time and the suspension is stayed until the hearing is held, and you keep driving in the meantime. This is the most time-sensitive part of any DUI, and it is the first thing I handle when someone calls me, because the right to challenge the suspension can be lost in a matter of days.
Two separate proceedings
It is essential to grasp that a DUI creates two distinct cases: the criminal case in court and the administrative case at the DMV. They have different rules, different standards, and different decision-makers, and they proceed on separate tracks. The court case can result in penalties under the criminal statutes, while the DMV case affects only the license. Winning one does not automatically win the other, which is why both have to be fought. The DMV hearing is where the APS suspension is contested.
What the DMV must prove
At the hearing, the DMV's burden is narrow, which is precisely where the defense lives. The department must establish three things: that the officer had reasonable cause to believe you were driving under the influence, that you were lawfully arrested, and that you were driving with a blood-alcohol concentration at or above the threshold. Each of these is a genuine point of attack. If the stop or arrest was unlawful, or if the chemical evidence is unreliable, the suspension can be set aside.
How I challenge the suspension
I attack each element the DMV relies on. Was there a lawful reason for the stop? Was the arrest supported by probable cause? And, crucially, is the chemical test reliable, properly administered, and correctly timed? Breath-test calibration, the fifteen-minute observation period, mouth alcohol, and rising-alcohol issues all matter here just as they do in court. Because the threshold is a specific number, evidence that the true level was below it, or that the measurement is unreliable, can defeat the suspension outright.
The chemistry is the same evidence as in court
One advantage of fighting the APS hearing seriously is that the chemical evidence the DMV uses is the same evidence the prosecution will rely on in the criminal case. Challenges developed for the hearing, to the calibration records, the testing procedure, or the timing, often carry directly into the court case, and the hearing can serve as an early preview of the prosecution's proof. I use the administrative hearing not only to save the license but to test and sharpen the defense for the criminal matter.
Suspension periods and restricted licenses
If the suspension is upheld, the length depends on the circumstances and any priors, and in many cases a restricted license, often conditioned on an ignition interlock device, becomes available so you can keep driving to work and to your program. Part of my job is not only to challenge the suspension but, where it stands, to move quickly to secure a restricted license so your life is disrupted as little as possible while the case proceeds.
Why you should not simply let it happen
Many people, overwhelmed by the criminal case, let the 10-day window pass and accept the suspension as inevitable. That is a mistake. The DMV's burden, though narrow, is real, and these hearings are genuinely winnable when the stop, the arrest, or the chemistry has a weakness. Even setting aside the chance of defeating the suspension entirely, simply demanding the hearing stays the suspension and keeps you driving while the case is pending, which alone is worth doing. Letting the suspension take effect by default forfeits both the chance to win and the months of continued driving the stay provides, and there is no good reason to give those up.
How it fits the larger defense
The APS suspension is the DMV side of a DUI, fought through the administrative hearing, and the chemical and arrest issues overlap directly with the criminal defense. It connects closely to the DMV administrative hearing and the refusal suspension under VC 13353. See my top DUI defenses and the defenses guide.
Arrested for a DUI? The clock is already running. Let's talk.
You have just 10 days to protect your license, and acting fast is exactly what I help you do. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.