2017 Newsletter
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What is "Admin Per Se" in California?
The administrative driver's license suspension law, which is commonly known in California as " Admin Per Se " (APS), may require the Department of Motor Vehicles to suspend the driver's license of any individual who is arrested driving under the influence (DUI) of alcohol, or a combination of alcohol and drugs, in certain circumstances. This license suspension occurs through a purely administrative process and is a penalty in addition to other penalties, such as a jail sentence or fine, which a person may receive if later convicted of DUI.

Applicability of Admin Per Se

  • If you are arrested for DUI as a result of alcohol and/or drug usage, the Admin Per Se law applies to you in the following circumstances:
  • You take a chemical test (blood or breath) that shows a blood alcohol concentration (BAC) level that violates California law, as follows:
  •  0.01% or greater for an individual on DUI probation or under age 21
  • 0.04% or greater for an individual driving a commercial vehicle
  • 0.08% or greater for an individual driving a non-commercial vehicle, OR
  • You refuse to take or fail to complete a chemical test to determine your BAC level.


The Admin Per Se Process

When you are arrested for DUI, the police officer will give you an Order of Suspension/Revocation, take your valid California driver's license, and send it to the DMV. He or she will also give you a temporary driver's license, which is usually valid for 30 days following the date of arrest. However, you cannot use the temporary driver's license to lawfully drive if another DMV or court-ordered license suspension or revocation is already in effect. The DMV will conduct an administrative review of your case if a call to request a hearing is placed within 10 days from the date of the arrest. At the end of the 30-day period, your administrative driver's license suspension will automatically go into effect if a hearing is not requested within the 10-day timeframe.
The Administrative Per Se hearing is conducted by telephone, unless you request an in-person hearing. You can represent yourself at the hearing, or another person or attorney can represent you. Working with an attorney gives you the best possibility of winning the APS hearing. You will testify under oath and present any evidence that you have to the DMV showing that a license suspension is not justified. Normally, the arresting police officer does not appear at the hearing, but you have the right to subpoena the officer to testify, if you wish.

Appealing a Driver's License Suspension

If you receive a decision from the hearing and you disagree with the outcome, you can submit a written request for a departmental review of the license suspension within 15 days of the effective date of the notice. You must also pay a $120 fee for this departmental review.

Get the Representation You Need Today

Losing your right to drive is no small matter. It can impact your ability to work and support your family, as well as your ability to get groceries, run errands, and even take your children to school. If you believe that the application of the Admin Per Se law in your case is unjustified, then you should appeal the decision as outlined above. However, your appeal is likely to be much more effective if you are represented by an experienced DUI defense attorney who can help develop the defenses that apply to your case. The knowledgeable and skilled attorneys at the Law Offices of Virginia L. Landry know how crucial it is  to keep your driver's license. There are many defenses to license suspension that may apply to your case, and without legal representation, you may not present evidence in support of those defenses as needed. We are here to help. Contact us for a free case consultation at the Law Offices of Virginia L. Landry today by calling 1-877-384-7833 or visit us online at
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AB785 May Keep Hate Crime Offenders From Owning Guns
California legislation is currently pending that would ban anyone convicted of hate crimes from possessing or even purchasing a gun. Legislators hope that the Disarm Hate Act, or AB 785, will help curb gun violence, since studies show that hate crimes are often the precursors of more violent crimes. According to the FBI, hate crimes have continued to increase in recent years, despite an overall decline in crime rates.

The Disarm Hate Act (AB 785)

While existing California state law already bars individuals convicted of felony hate crimes and certain other crimes from owning, carrying, or using firearms, there is no companion law for those convicted of misdemeanor hate crimes. Under the Disarm Hate Act, or AB 785, any individuals convicted of misdemeanor hate crimes would forfeit their rights to own or purchase a gun for 10 years following a conviction. Hate crimes include vandalizing places of worship or committing a crime against an individual on account of his or her race, religion, gender, sexual orientation, gender identity, or disability. A violation of the Disarm Hate Act would be a felony offense and, if convicted, an individual would be subject to a lifetime ban on gun ownership.

Legislative History for AB 785

The Disarm Hate Act passed the California State Assembly with unanimous support. The measure then went to the California State Senate for consideration. The original text of the bill has seen a few minor changes as it has moved through various Senate committees, none of which affect the overall substance of the bill. As of the date of this article, the Senate Appropriations Committee unanimously placed the bill in suspense file, which is where bills with major fiscal impacts are placed and considered just before the deadline for the bills to be considered by the Senate or State Assembly.

Potential Consequences of AB 785

While some individuals use guns purely for sport, others carry guns on a daily basis if employed in the security, law enforcement, or firearms industry. Likewise, many individuals possess firearms in order to protect their homes and families. If AB 785 passes and if convicted of a misdemeanor hate crime, you are likely to face some unwanted consequences. The loss of the right to own any type of firearm for 10 years may result in losing out on future job opportunities and perhaps even losing your current job. You will also be unable to protect your family if necessary. Plus, if you violate the 10-year ban, you are looking at a lifetime gun ban and a felony conviction, both of which will create even more problems.

Contact Us Today

Here at the Law Offices of Virginia L. Landry , we understand how important is for you to avoid receiving a 10-year or lifetime ban on firearms. Even if you are currently subject to a firearms ban, there may be some limited specific circumstances in which your gun rights can be restored. Allow us to evaluate your situation, determine your rights, and get the results that you need and deserve. Contact us at the Law Offices of Virginia L. Landry today by calling 1-866-902-6880 and set up an appointment to meet with us about your case. Visiting us online at
A Note To Our Clients
  • To our current clients: Thank you for the opportunity to serve you during this difficult time.
  • To our future clients: We look forward to working with you in your time of need.
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  • Possibility of winning the APS heating.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.


As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.

In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.


Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers serving as Co-Chair of the DUI / DWI Committee. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association and the Northern Arizona University Alumni Association.