What is an “APS” hearing?


After receiving a DUI, many people find out almost immediately from friends and colleges that they must schedule their APS hearing within 10 days of their arrest.  But what is an APS hearing you say?  APS stands for an “Administrative Per Se” hearing, which is an administrative hearing handled by the Department of Motor Vehicles to determine whether or not you should continue to have the privilege of driving on the roads they control.

The program was initiated in 1990 as a stronger deterrent to drunk driving.  Since that time, a DUI not only triggers a criminal case where your freedom is at stake, but also this DMV/APS hearing where your license to drive is at stake.  The upside to the APS hearing is that it gives experienced lawyers an opportunity to see the evidence up against their client, question the arresting officer, and create a preliminary foundation of defense for their client.  If your facts are favorable, a win at the hearing will ensure you’ll be able to drive until the conclusion of your case.

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