Per Se Law

States have implemented what is termed Administrative Per Se (APS) laws which allow the state to suspend or revoke the driving privilege of drivers who are arrested for driving with a blood alcohol concentration (BAC) of .08% or more or who refuse a chemical test after a drunken driving arrest.

A license suspension under the Administrative Per Se action is independent of any criminal penalties imposed in court for a DUI conviction. Drivers who fail the chemical test of their blood, breath or urine will have their license immediately confiscated and an order of suspension or revocation served. The driver is given a temporary license so they have sufficient time to challenge the suspension by requesting an administrative hearing, which must be done within a specified time period after the DUI arrest.

The amount of time the driver's license is suspended, assuming they do not successfully challenge the suspension through a hearing, varies by state. In California, offenders who refuse a BAC test will receive a 1-year license suspension, and there are no provisions for issuance of a restricted license following a BAC test refusal. Talk to a DUI lawyer if your license has been suspended; they can help you request an administrative hearing.