A California DUI arrest can lead to more than one legal proceeding. While many people focus on the criminal charge and their upcoming court date, the California Department of Motor Vehicles may separately take administrative action against their driving privileges.

The criminal court case and the DMV Administrative Per Se case have different purposes, deadlines, procedures, and possible outcomes. Evidence from the same arrest may be used in both proceedings, but winning one case does not necessarily guarantee a favorable result in the other. 

There are also separate ways to challenge an unfavorable DMV or criminal court decision. Administrative review, writ proceedings, and criminal appeals may become available after an adverse decision.

Understanding these distinctions is essential because ignoring them can expose you to consequences that might otherwise have been challenged.

Quick Highlights

·         A California DUI arrest can start both a criminal court case and a separate DMV administrative case.

·         The criminal case determines guilt and can result in a criminal record, probation, fines, DUI classes, jail, and other criminal penalties.

·         The DMV case focuses primarily on whether your driving privileges should be suspended or revoked.

·         You have only 10 days after receiving the suspension or revocation order to request a DMV hearing.

·         A DMV hearing is not a criminal trial and does not determine whether you are guilty of DUI.

·         The court and DMV apply different procedures and consider different legal questions.

·         A reduced criminal charge does not cancel a DMV suspension.

·         An unfavorable DMV decision and an unfavorable criminal judgment have separate review and appeal procedures.

·         A DUI defense attorney can coordinate both proceedings and prevent important deadlines from being missed.

Why Does One DUI Arrest Create Two Cases?

California treats the criminal prosecution and the driver's license action as separate matters.

The criminal case is filed and prosecuted on behalf of the State of California. Its purpose is to determine whether the prosecution can prove that the accused person violated California's DUI laws.

The DMV's Administrative Per Se proceeding is an administrative action involving the person's driving privilege. The California DMV describes this action as independent of the fines, jail sentence, probation, or other criminal penalties that a court may impose following a conviction.

This means that a person arrested for DUI may need to respond to:

1.      A criminal case in California Superior Court.

2.      A DMV administrative license proceeding.

3.      A separate review or appeal process if either proceeding ends unfavorably.

The two initial cases frequently overlap in their evidence, but they are handled by different government bodies and answer different questions.

What Is the California DUI Criminal Court Case?

The criminal court case begins when a prosecutor files a complaint alleging one or more violations of California law. California Courts explain that a criminal case commonly proceeds through the filing of charges, arraignment, pretrial proceedings, trial, and sentencing when there is a conviction.

Common DUI allegations may include:

·         Driving while under the influence of alcohol.

·         Driving with a blood alcohol concentration of 0.08% or higher.

·         Driving under the influence of drugs.

·         Driving under the combined influence of alcohol and drugs.

·         DUI causing injury.

·         Refusing a chemical test after a lawful arrest.

·         Additional allegations involving excessive speed, a child passenger, prior convictions, or an unusually high blood alcohol concentration.

The exact charges and potential consequences depend on the circumstances of the arrest.

Who Is Involved in the Criminal Case?

The court case may involve:

·         A prosecutor representing the State of California.

·         A judge overseeing the proceedings.

·         The defendant and defense attorney.

·         Police officers and civilian witnesses.

·         Criminalists, laboratory employees, or expert witnesses.

·         A jury if the case proceeds to a jury trial.

At trial, the prosecution must prove the charged offense/s beyond a reasonable doubt. The defendant has constitutional rights that include the right to counsel, the right to confront witnesses, the right to remain silent, and the right to a jury trial.

What Happens at the Arraignment?

The arraignment is the first criminal court appearance. At that hearing, the defendant is advised of the charges and constitutional rights and is asked to enter a plea. Common pleas include guilty, not guilty, and no contest.

If a not-guilty plea is entered, the case moves into pretrial proceedings. The defense can obtain discovery, investigate the arrest, negotiate with the prosecution, and file appropriate motions.

Depending on the facts, the defense may examine:

·         The legality of the traffic stop.

·         Whether the officer had probable cause for the arrest.

·         Body-camera and dashboard-camera recordings.

·         Field sobriety test instructions and conditions.

·         Breath-test maintenance and calibration records.

·         Blood-sample collection, storage, and chain of custody.

·         Laboratory testing methods.

·         Whether the defendant was actually driving.

·         The timing between driving and chemical testing.

·         Medical or physiological explanations for the reported evidence.

What Can Happen in the Criminal Case?

Possible criminal case outcomes include:

·         Dismissal of the charges.

·         Reduction to a lesser offense.

·         A negotiated plea agreement.

·         Suppression of evidence.

·         A not-guilty verdict.

·         A DUI conviction after a plea or trial.

A conviction may result in consequences such as probation, fines and assessments, DUI classes, license-related requirements, an ignition interlock device, jail, or an alternative sentencing program. The specific penalties depend on prior DUI history, injury allegations, test results, refusal allegations, and other circumstances.

What Is the DMV Administrative Per Se Case?

The DMV case is an administrative proceeding concerning the driver's license. It does not decide whether the driver is criminally guilty.

After an arrest, the officer forwards the notice of suspension or revocation, a sworn report, the confiscated license, and available chemical-test results to the DMV. The DMV then conducts an administrative review of the documentation.

When the officer confiscates a California driver's license, the driver should receive a pink Order of Suspension and Temporary License. If the person's driving privilege was otherwise valid, the temporary document permits driving for 30 days from the date the order was issued.

The administrative suspension ordinarily takes effect after that temporary period unless the action is stayed, set aside, or otherwise changed.

The DMV Hearing Request Deadline Is Only 10 Days

A driver has 10 days after receiving the suspension or revocation order to request a DMV hearing. Missing that deadline results in the loss of the opportunity to contest the administrative action.

This deadline is separate from the criminal court date. A court appearance may be scheduled several weeks after the arrest, but waiting until that date to address the DMV case will be too late.

Requesting a DMV hearing gives the driver an opportunity to challenge whether the proposed license suspension or revocation is justified. It may also allow the defense to obtain and examine documents that are relevant to both proceedings.

What Does the DMV Decide?

The issues at a DMV hearing are much narrower than the issues in criminal court.

In a typical case involving a completed breath or blood test, the DMV considers:

·         Whether the officer had reasonable cause to believe the person was driving in violation of California's DUI laws.

·         Whether the driver was lawfully arrested or detained under an applicable DUI provision.

·         Whether the person drove with a blood alcohol concentration of 0.08% or higher.

In an alleged refusal case, the DMV also considers:

·         Whether the driver received the required warning about the consequences of refusing.

·         Whether the driver refused or failed to complete an applicable chemical test.

·         Whether the underlying arrest and request for testing complied with the law.

The DMV hearing does not decide whether the driver should be placed on criminal probation, ordered to pay a criminal fine, or sentenced to jail.

How Is a DMV Hearing Different from a Criminal Trial?

The two proceedings differ in several important ways.

Different decision-makers

A criminal trial is decided by a judge or jury. A DMV hearing is conducted through the Department of Motor Vehicles by an administrative hearing officer.

Different subjects

The criminal trial asks whether the prosecution has proven a violation of California's criminal DUI laws beyond a reasonable doubt. The DMV proceeding asks whether an administrative action against the person's driving privilege is legally justified.

Different potential consequences

The criminal court may impose criminal penalties, including probation, fines, DUI classes, jail, and other sentencing conditions.

The DMV proceeding determines whether the driver's license should be suspended, revoked, or restored. A DMV hearing cannot dismiss the criminal charge or impose a jail sentence.

Different timelines

The DMV deadline begins almost immediately after the arrest. A hearing request must be submitted within 10 days of receiving the order.

The court case follows the dates established by the criminal court, including the arraignment and subsequent pretrial or trial dates. The two proceedings do not occur in the same order or resolve at the same time.

Can You Win the DMV Hearing but Lose in Court?

Yes.

If the DMV hearing officer sets aside the administrative action, the driver will avoid that particular administrative suspension. However, the DMV decision does not dismiss the criminal charge or prevent the prosecution from continuing the court case.

The California DMV expressly states that setting aside the administrative action does not control the criminal charge, sanction, penalty, or court decision.

For example, a DMV action could be set aside because required documentation was incomplete, while the prosecution later presents additional testimony or evidence in criminal court.

Can You Win in Court but Lose at the DMV?

That is also possible.

A criminal charge might be dismissed or reduced while the DMV suspension remains in effect. The DMV specifically states that reducing a DUI charge to reckless driving does not automatically affect an existing administrative suspension.

A qualifying acquittal presents an important exception. If the driver is acquitted of driving with an alcohol level of .08% or higher and proof is provided to the DMV this will cause DMV to set aside the case.  The driver can then obtain their license will full driving privileges.

A dismissal, negotiated reduction, or “wet reckless” resolution is not treated the same as an acquittal after trial.

Does a DMV Hearing Affect Plea Negotiations?

The DMV decision is not binding on the prosecutor, but the hearing can still provide useful information.

Through the administrative process, a defense attorney may obtain police reports, chemical test documents, or testimony that helps identify weaknesses such as:

·         Missing or inconsistent reports.

·         Questions about who was driving.

·         Problems establishing the timing of driving.

·         An unlawful detention or arrest.

·         Incomplete chemical-test documentation.

·         Chain-of-custody concerns.

·         Conflicting officer testimony.

·         Failure to provide a legally sufficient refusal warning.

Information developed during the DMV case may help the defense prepare motions, evaluate a plea offer, cross-examine witnesses, or prepare for trial. The effect will depend on the facts and evidence in the individual case.

What Happens After an Unfavorable DMV Decision?

If the DMV sustains the suspension or revocation, the administrative process may not necessarily be over.

Depending on the applicable law, a driver may have the right to:

·         Request a departmental review of the hearing decision.

·         Seek judicial review in California Superior Court through an appropriate writ proceeding.

The DMV advises that adverse administrative decisions may be challenged through departmental review or through a writ proceeding in the Superior Court and that the applicable deadlines are provided with the written hearing decision.

These proceedings are not simply new DMV hearings. A reviewing court may focus on whether the DMV proceeded lawfully, whether the decision was supported by the administrative record, and whether the driver received legally sufficient due process.

Because the deadlines and procedures are technical, legal advice should be obtained as soon as an unfavorable decision is received.

How Is Criminal Appeal Different?

A criminal appeal challenges an appealable order or judgment entered by the trial court. It does not reopen the DMV case.

The reviewing court examines the record for legal error.

For a misdemeanor case, California Courts state that the notice of appeal generally must be filed within 30 days after the judgment or appealable order. Different rules may apply to felony cases and extraordinary writ petitions.

Potential appellate issues might involve:

·         An incorrectly denied suppression motion.

·         Improperly admitted or excluded evidence.

·         Incorrect jury instructions.

·         Constitutional violations.

·         Sentencing errors.

·         Insufficient evidence to support a conviction.

·         Other prejudicial legal mistakes.

A criminal appeal does not automatically stay or overturn an administrative DMV suspension. Similarly, a DMV departmental review or writ proceeding does not replace a criminal appeal.

Court Case vs. DMV Case at a Glance

Issue	Criminal Court Case	DMV Administrative Case
Primary purpose	Determine criminal guilt	Determine driving-privilege action
Government body	California Superior Court	California DMV
Decision-maker	Judge or jury	DMV hearing officer
Main opposing party	Prosecutor	Department of Motor Vehicles
Typical first deadline	Court date on release or charging documents	Usually, 10 days to request a hearing
Possible result	Dismissal, plea, acquittal, or conviction	Suspension sustained or set aside
Possible penalties	Probation, fines, DUI program, jail, and other conditions	License suspension or revocation
Right to jury	Yes, for qualifying criminal charges	No
Review process	Criminal appeal or writ	Departmental review or Superior Court challenge
Does winning control the other case?	Generally, no	Generally, no

Why Both Cases Should Be Defended Together

The DMV case and the criminal case are separate processes, but a good attorney will take a wholistic approach. Evidence obtained in one case may affect decisions made in the other.

A coordinated defense may include:

·         Requesting the DMV hearing before the deadline.

·         Seeking a stay when available.

·         Obtaining police and chemical-test records.

·         Preserving body-camera, surveillance, and dispatch evidence.

·         Subpoenaing appropriate witnesses or documents.

·         Investigating the traffic stop and arrest.

·         Evaluating breath- and blood-testing procedures.

·         Preparing for the arraignment and pretrial proceedings.

·         Coordinating testimony and defense theories.

·         Advising the client about restricted-license or ignition-interlock options.

·         Preserving legal issues for administrative or criminal review.

The strategy must also account for testimony given during the DMV hearing. Statements made in one proceeding can potentially affect the other, making preparation especially important.

Contact The Crawford Law Firm After a California DUI Arrest

A DUI arrest creates immediate legal and practical concerns, but the DMV case and criminal court case should not be confused. Each has different deadlines, procedures, decision-makers, and potential outcomes.

The Crawford Law Firm represents clients in DUI and criminal defense matters throughout California's Central Coast. With offices in Monterey, Santa Cruz, and Salinas, the firm helps clients address the DMV hearing process, defend the criminal charges, and evaluate available writ or appeal options if there is an unfavorable decision.

Contact The Crawford Law Firm promptly after a DUI arrest to discuss both parts of the case. Acting quickly can help preserve your right to a DMV hearing, preserve important evidence, and provide more time to develop a defense.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. DUI procedures, penalties, licensing consequences, and appeal rights depend on the facts of the case and the law in effect at the relevant time.