Admin Per Se: What Is It and What Does It Mean for You
Admin Per Se is a legal term that means “administrative in itself” or “by itself”.
When it comes to driving, it refers to a type of legal proceeding in which the Department of Motor Vehicles (DMV) has the authority to suspend or revoke your driver’s license.
This is different from a criminal court case where a judge would be responsible for making such a decision.
Facing charges related to driving under the influence (DUI) can be a daunting experience. If you find yourself in need of legal assistance, The Defenders, a trusted law firm based in Las Vegas, Nevada, is here to help.
We have been providing quality legal representation for DUI and other criminal charges for many years.
Our team of knowledgeable attorneys will provide you with expert guidance and advice throughout the entire process, from understanding your rights to filing any necessary paperwork.
We can help ensure that your case is resolved in a timely manner while protecting your driving privileges.
The Defenders are here to help! Contact us today for more information about our services or to set up a free initial consultation.
What is Administrative Per Se Law?
The Administrative Per Se law, often abbreviated as APS, is a legal provision that requires the Department of Motor Vehicles (DMV) to take immediate action against individuals driving under the influence of alcohol.
When a driver is arrested for DUI and found to have a blood alcohol content (BAC) above the legal limit, which is 0.08 in Nevada, the DMV is mandated to suspend their driver’s license.
This swift action aims to enhance road safety and deter potential offenders.
Understanding the Consequences and Controversies
The implementation of the Administrative Per Se law has proven to be a crucial tool in curbing drunk driving incidents across the United States. However, it has also sparked debates and controversies regarding the strictness of BAC limits and the suspension process.
BAC Limits and Age Restrictions
One of the key debates surrounding the APS law revolves around the legal limits for blood alcohol content (BAC), particularly for drivers under the age of 21. While the standard limit for those 21 and older is set at 0.08 in all states, the limits for underage drivers vary.
Some states adopt a lower threshold of 0.01, while others set it at 0.02. Critics argue that a BAC threshold as low as 0.01 may lead to overly harsh penalties for young drivers who may not be significantly impaired.
Nevada has a particularly strict rule that requires a 0.02 BAC limit for drivers under 21, but makes an exception if the driver consumed alcohol as part of a religious ceremony. The limit for underage drinking is 0.02 —which is 4x lower than the legal limit for adults— and no exceptions are made.
Debates and Perspectives
Advocates of the administrative per se law contend that a zero-tolerance approach is necessary to protect young and inexperienced drivers, given the higher risk of accidents associated with alcohol consumption. They argue that even a slight impairment can have severe consequences on the road.
Striking a balance between protecting public safety and considering individual circumstances remains a subject of ongoing debate.
How Does Administrative Per Se Law Work?
The administrative per se law allows for immediate action to be taken when someone is arrested for driving under the influence (DUI).
While some states were slower to enact the law, every state, including Nevada, has followed the administrative per se law. Let’s explore the process and procedures associated with this law.
Enactment and Implementation
The administrative per se law was implemented to address the growing concern of drunk driving incidents. Its primary goal is to swiftly suspend the driving privileges of individuals arrested for DUI, ensuring that they are unable to operate a vehicle while potentially impaired. By doing so, the law aims to protect public safety and deter future offenses.
License Suspension Process
When a driver has a BAC above the legal limit or refuses to take a BAC test, their license is subject to revocation or suspension.
In most cases, the suspension takes effect 30 days after the arrest. The arresting officer confiscates the driver’s license and issues a temporary 30-day license.
The driver has the right to contest their license suspension through an administrative per se hearing.
Requesting a Hearing
Following an administrative per se suspension, the driver has the opportunity to request a hearing to contest the suspension. In most states, including Nevada, there is a specific timeframe, typically 10 to 30 days, within which the driver must request a hearing. This hearing takes place separately from any criminal proceedings related to the DUI arrest.
It is essential to consult with an experienced attorney, such as The Defenders, to navigate this process effectively and protect your rights.
Administrative Per Se vs. DUI Charges
An administrative per se hearing is separate from any criminal DUI charges associated with the incident.
In Nevada, DUI charges are handled in criminal court and carry additional penalties such as fines and jail time. The outcome of an administrative per se hearing will not affect any criminal proceedings or outcomes related to a DUI arrest.
The Defenders has extensive experience representing clients during administrative per se hearings in Nevada. We understand the process and have successfully helped clients contest their license suspension in order to maintain their driving privileges. Our experienced attorneys can provide you with the help and guidance needed to ensure your rights are protected throughout this difficult process.
License Revocation and SR-22 Insurance in Nevada
In Nevada, a driver who is convicted of an alcohol-related driving offense may be required to obtain SR-22 insurance.
SR-22 insurance provides proof that the motorist carries a certain level of liability coverage. The length of time for which an individual must carry SR-22 insurance depends on the type and severity of the DUI incident. Our attorneys can provide you with more information about how long this requirement lasts in your case.
Additionally, if you are convicted of a DUI in Nevada, it may result in revocation or suspension of your driver’s license. Depending on your circumstances, our attorneys may be able to help you get your license reinstated or negotiate alternatives that allow you to retain some form of driving privileges while on probation.
Facing DUI Charges? Contact The Defenders
If you or someone you love is facing charges for driving under the influence, contact the experienced attorneys at The Defenders.
Our team of DUI defense lawyers can represent your case to ensure that you receive the best possible outcome in court. We will aggressively fight on your behalf to protect your freedom and keep you out of jail.