DUI in California · California
A DUI arrest in California usually starts two separate proceedings: a criminal case in court and an administrative action by the DMV against your driver license. The DMV side has a short deadline. An independent criminal defense attorney reviews both and explains your options.
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The essentials
Driving under the influence of alcohol or drugs, and driving with a blood alcohol concentration of 0.08% or more, are separate offenses under Vehicle Code section 23152. Lower limits apply to commercial drivers and drivers under 21.
After an arrest with a chemical test at or above the limit, or a refusal, the DMV can suspend your license through an administrative per se action. It runs independently of the court case and has its own outcome.
You generally have 10 days from the date you received the notice of suspension to request a DMV hearing. If you miss it, the suspension usually takes effect automatically.
The criminal case is decided in the superior court of the county where you were arrested. The date on your citation or release papers is your first court appearance.
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You don’t need to upload anything in the form. These documents can help later:
Request the DMV hearing within 10 days, even before you speak to an attorney. An enquiry does not stop any deadline.
You may still be wondering …
The notice of suspension usually works as a temporary license for a limited period. What happens after that depends on the DMV hearing and on your record. An attorney can explain your situation.
No. The DMV hearing and the criminal case are separate. The result of one does not decide the other, although evidence from one can matter in the other.
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