Vehicle Code 13353.2 is the Administrative Per Se, or APS, law. It allows the DMV to suspend your driver's license based on the arrest itself, independent of and parallel to the criminal court case. Understanding that these are two separate tracks is the key to protecting your license.
How the APS action starts
When you are arrested for DUI with a blood alcohol level of 0.08 percent or more, the officer takes your license and serves you with a pink Notice of Suspension that also serves as a 30-day temporary license. That notice starts both the suspension clock and your 10-day window to request a hearing under Vehicle Code 13558.
How long the APS suspension lasts
For a first offense with no refusal, the APS suspension is four months, with eligibility for a restricted license, often through an ignition interlock, after an initial hard period. Priors, refusals, and being under 21 lengthen the suspension. The APS action runs separately from any court-ordered suspension, though the two usually overlap.
Why it can be challenged
The APS suspension depends on a lawful arrest and a reliable 0.08 percent result. Both can be contested at the DMV hearing. Winning the hearing sets aside the APS action and returns your license, regardless of what happens in the criminal case.
Where to start
Because the APS action moves on its own fast timeline, it needs attention immediately. Get a free written case analysis below or call me directly. Read more on the DMV hearing right (VC 13558) and the license suspension calculator.