A DUI arrest in California triggers two parallel processes that move quickly and follow strict rules. Knowing how these systems work and where you can intervene is essential to building an effective criminal defense strategy.
These are some of the most commonly explored options after a DUI arrest and how they can affect your case.
Request a DMV Hearing to Protect Your Driving Privileges
Following an arrest, the DMV automatically initiates a license suspension unless you request a hearing within 10 days. This Administrative Per Se (APS) hearing gives you the opportunity to contest the suspension and, in many situations, maintain your driving privileges while the case proceeds. Note that this process is separate from the criminal case.
Challenge the Evidence and the Legality of the Stop
DUI charges depend on law enforcement following proper procedures. Stops must be lawful, breath and field sobriety tests properly administered, and blood samples correctly handled. If the stop lacked reasonable suspicion or testing procedures were flawed, key evidence may be suppressed, which can significantly weaken the prosecution’s case.
Explore a Reduced or Dismissed Charge
Not every DUI arrest results in a conviction. Depending on the facts, charges may be reduced or dismissed. For example, in some California cases, a DUI may be negotiated down to a “wet reckless” under Vehicle Code § 23103.5 or a “dry reckless” under Vehicle Code § 23103. Prior driving history, test results, and procedural issues all influence whether alternative resolutions are possible in a DUI case.
Frequently Asked Questions
How soon do I need to act after a DUI arrest?
You generally have only 10 days from the date of arrest to request a DMV APS hearing. Acting quickly also allows your attorney to review police reports, preserve potential evidence, and begin evaluating possible defenses before critical deadlines pass.
Are the DMV process and the criminal case connected?
They arise from the same arrest but are handled separately. You can win the DMV hearing and still face criminal charges, for example.
Speak to a Criminal Defense Attorney at Shnider Law Firm in California
Every DUI case is unique. Managing Attorney Aaron Shnider of Shnider Law Firm brings more than 16 years of trial experience, including time as a former prosecutor and deputy public defender, giving him a distinct advantage in anticipating the strategies that might be used against you. Serving clients throughout the Bay Area, including Santa Clara, Santa Cruz, San Mateo, and Alameda counties, our DUI defense lawyers know the local courts and how to advocate effectively on your behalf.
For more information, read our article on what to do immediately after a DUI arrest in California. Contact our team when you’re ready to schedule a free, confidential consultation.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every DUI case is unique. Consult a qualified DUI defense attorney in California to discuss your specific situation.
About the Author: Aaron Shnider
