Thursday, April 19, 2012

Review of Updated California DMV Administrative Hearings Manual by San Diego County DUI Law Center: Overview, Background & Purpose

Welcome to San Diego DUI Law Center's review of updated DMV Administrative Per Se Hearings Manual [Chapter 12] for California DMV Hearing Officers. This is the first of San Diego DUI Attorney Rick Mueller's published articles in a continuing series).

This chapter of the DMV Driver Safety Manual was updated in August, 2011.

Prior to that, DMV was using the Manual published 4/30/96.

Less has changed than many San Diego California Drunk Driving Criminal Defense Lawyers may think.

Any misspellings are those of DMV and not San Diego California DUI Defense Attorney Rick Mueller.

DMV Manual states the OVERVIEW, BACKGROUND AND PURPOSE on the first page ("12-1"):

OVERVIEW

"This chapter provides information on Administrative Per Se (APS) actions imposed on drivers who operate a motor vehicle while under the influence of alcohol. The procedures provide information regarding hearing issues, the hearing process and completing an APS hearing report.

BACKGROUND

The APS Act became law in July 1990. The legislature enacted the law to provide a fair, accurate, and rapid method of deterring drivers from operating motor vehicles with a Blood Alcohol Concentration (BAC) level of 0.08% or more while under the influence of alcohol.

A law was enacted effective January 1, 1994, to impose an action on drivers under 21 years of age, ZERO TOLERANCE FOR DRIVERS UNDER AGE 21, who operate a motor vehicle and have a BAC of 0.01% or greater as measured by a preliminary alcohol screening (PAS) test or other chemical test.

The APS laws were expanded effective January 1, 2007, to include drivers operating commercial motor vehicles who have a BAC of 0.04% or more, as measured by a chemical test. An additional APS law was enacted effective January 1, 2009, imposing an action based on a violation of DUI probation. This prohibits a person on probation for a conviction of §23152 or §23153 VC from operating a motor vehicle .with any measureable (sic) amount of alcohol in his or her blood (0.01 % BAC).

PURPOSE

The purpose of the APS law is to discourage intoxicated persons from driving and reduce the number of victims killed and injured in alcohol related traffic collisions.

The driver is subject to a chemical test, which gives an objective evaluation to determine if a driver is intoxicated. It protects the driver who has alcohol on his/her breath, but has not been drinking excessively. It also helps detect when a physical or mental condition, over which the driver may have no control, gives the appearance of intoxication."