DMV Suspension versus Criminal Suspension
Posted on Jan 4, 2011 5:05pm PST
What is the difference between a DMV suspension/revocation for a DUI arrest and a suspension/revocation following a conviction in criminal court? This is an important distinction that you should be familiar with if you are in either situation.
The first situation only affects your driving privileges and is called an Administrative Per Se (APS). Any and all sanctions imposed by the Department of Motor Vehicles will be independent of any court-imposed fines, jail sentences or other criminal penalties that can come as a result of a DUI charge.
Any action that is taken in a court room can and must be enforced which can include fines, jail time, and other criminal penalties. The DMV has no say in how and when these penalties are imposed or enforced.
If you have recently been arrested for DUI, your best option is to retain representation from a DUI attorney as soon as possible.