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My friend was issued a DMV Administrative Per Se after a minor accident, but was not arrested. What does this mean?

San Jose, CA |

When the accident occured, he was taken to the hospital via ambulance for possible injuries and possible intoxication. He was released from the hospital very soon and then taken to the police station for a report, but never arrested. The APS report does not have any cause/reason boxes checked off, other than the "surrendered" (i.e., drivers licence) box. Was the APS issued as a precaution or standard police procedure?

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Attorney answers 5


if they took your friends license sounds like a DUI. specially because he went to the police station afterwards and took a report.

this means a criminal charges could be soon to follow your friend needs to contact a lawyer immediately


This is not an unusual occurrence... the DMV will receive the incomplete form and must re-notify him by letter of the basis for the suspension action. In any event the DMV should be contacted within the first ten days to request a hearing. Basically he is requesting an in-person hearing; his discovery upon which the DMV is basing the suspensions; and a new temporary license pending the outcome of his hearing. His attorney can do this but make sure that it gets done... there is also a general information phone number for DMV APS Hearings on the "Pink Sheet" in the upper right hand corner. (Here it is a listing of all DSO offices: )
If this info was either helpful, or the best advice, I'd appreciate the vote, George


The DMV notice was standard procedure and needs to have a hearing requested within 10 days of it's issuance. Do not let the ten day period lapse with making the request. Anticipate that notice of a DUI being filed will follow.


If he had anything to drink at all, the police probably initiated the APS process. Your friend should request the hearing within 10 days to protect his rights. If it turns out the BAC wad below .08, then DMV will dismiss the action if your friend is over 21. If the BAC is higher than .08 or your friend was under 21, DMV will try to suspend his license.

Either way, the DA May still proceed with charges (.05 is the lowest I have seen the DA file on). Your friend should hire an attorney as a precautionary measure...if nothing else.

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Your friend has 10 days from the date of issuance to request an APS hearing. It is civil in nature so there is no free lawyer. Your friend should hire a lawyer to represent him/her at the DMV. The lawyer retained must be well versed in DUI and DMV matters. Feel free to have your friend call me if s/he has any further questions.