Administrative Per se (aps)

In many states there are two separate cases that arise from a single drunk driving arrest. Drivers may face an immediate license suspension for driving under the influence. This is also referred to as "Administrative Per Se (APS)" or "on-the-spot" license suspension. Drivers who are found to have a blood alcohol concentration or BAC (of their breath, blood, or urine) over the legal limit may face administrative legal action from the Motor Vehicle Department.

Administrative Per Se license suspensions are independent of criminal actions which may be imposed by the state if the driver is convicted of driving under the influence, which is having a blood alcohol concentration or BAC over 0.08%. Drivers who are operating a motor vehicle over the legal limit will be charged with "per se intoxication". Drivers do not have to exhibit signs of intoxication to be arrested for drinking and driving if the driver's blood alcohol concentration is above the state's legal limit. Drivers who have had their license suspended have a limited time to contest the Administrative Per Se action.