What Is a DMV APS Hearing?
Many have heard of the DMV APS Hearing. This stands for the Administrative Per Se Hearing held by the Department of Motor Vehicles. This is the hearing where you will be able to contest the suspension of your license; you must formally request this hearing within 10 days of your arrest or you will lose the right to fight for your driving privileges.
The DMV hearing is not held in a courtroom. It is held at a DMV field office. While this is not the same as your criminal court hearing, your attorneys can accompany you and provide representation, which we have found to be extremely beneficial.
In some cases, we could attend the DMV hearing for you if for some reason you are unable to attend within the timeframe allotted. Your case will be heard and decided by a DMV officer, not a judge. DMV hearings can take anywhere from one to two hours long, depending on the circumstances of your case.
If you are successful at this hearing, your driving privileges will be restored. If you are unsuccessful, you could still potentially petition for a restricted driver's license, which allows you to drive to and from work only. However, the restricted driver's license petition is made separate from your DMV hearing.