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DMV APS HEARINGS - EXAMINING THE ISSUES
As set forth in the first part of the series, entitled "DMV APS Hearing Actions", under the California Administrative Per Se Hearing actions, the Excessive BAC Hearing Issues are as follows:
1. Did the officer have reasonable cause to believe that the licensee was "driving" in violation of CVC 23152, 23153, 23136?
2. Was the licensee lawfully Arrested?
And remember, this requires sufficient probable cause for the officer to have arrested you for driving under the influence
3. Was the licensee driving with a blood alcohol level of 0.08% or more?