Why there are two separate cases.
A DUI arrest starts two cases on the same day, and they have almost nothing to do with each other. The criminal case is filed by the district attorney and heard by a judge in the superior court of the county where the arrest happened. The licence case is run by the Department of Motor Vehicles, decided by a hearing officer who is a DMV employee rather than a judge, and governed by a lower standard of proof.
They can reach opposite conclusions, and they frequently do. The DMV can suspend your licence where the criminal case is dismissed, never filed, or reduced. The criminal court can convict where the DMV action failed. Neither result binds the other.
The difference that matters most is the clock. The criminal case waits for the district attorney to file, which can take weeks. The administrative per se action under Vehicle Code 13353.2 begins at arrest, and the request for a hearing has to be made within ten days. That is the shortest deadline in the whole matter and the one most often lost by accident, because nothing about it looks urgent on the paperwork handed over at release.
Licence matters I handle.
These are the licence and DMV matters I handle. Most arise from a DUI, but not all of them do.
Administrative licence actions
- Administrative per se suspension (Vehicle Code 13353.2). The automatic licence action following a DUI arrest, and the one that starts the ten-day clock.
- Chemical test refusal suspension (Vehicle Code 13353). A separate and longer suspension alleged where a test was refused, which can apply even if the DUI itself does not stick.
- Implied consent (Vehicle Code 23612). The rule that makes a refusal actionable at all, and the source of most arguments about what a driver was actually told.
- Zero-tolerance suspension for drivers under 21 (Vehicle Code 23136). Triggered at a far lower threshold than the adult limit and handled entirely through the DMV.
- Negligent operator and point-count actions (Vehicle Code 12810). A suspension driven by accumulated points rather than by any single incident.
Driving on a suspended or revoked licence
These are criminal charges rather than DMV actions, and they are very often filed against people who did not know a suspension had taken effect.
- Driving on a suspended licence (Vehicle Code 14601). The general offence, which requires knowledge of the suspension — often the contested element.
- Driving on a licence suspended for DUI (Vehicle Code 14601.2). Carries mandatory consequences the general section does not.
- Driving on a licence suspended as a negligent operator (Vehicle Code 14601.1). The section charged where the underlying suspension was not DUI-related.
- Driving without a licence (Vehicle Code 12500). Distinct from driving on a suspended licence, and resolved very differently.
- Thirty-day vehicle impound (Vehicle Code 14602.6). An immediate consequence at the roadside, separate from any court or DMV outcome.
Where the licence case meets the criminal case
- Driving under the influence (Vehicle Code 23152). The criminal case running alongside the licence case, on a different clock and a different standard.
- DUI causing injury (Vehicle Code 23153). Carries a longer licence action alongside markedly higher criminal exposure.
- Commercial driver consequences (Vehicle Code 13369). A commercial licence can be lost on conduct that would not cost an ordinary driver theirs, including conduct in a personal vehicle.
Restrictions, conditions and reinstatement
- Ignition interlock requirements (Vehicle Code 23575). Governs when a device must be installed and for how long.
- Restricted licences (Vehicle Code 13353.8). Limited driving privileges available in some circumstances, on conditions.
- When a suspension takes effect (Vehicle Code 13353.3). The timing rules, which are what make the ten-day request worth making.
- Reinstatement requirements (Vehicle Code 13352). What has to be completed before a licence comes back, which is usually more than people expect.
If you have received a suspension notice and are not sure what it is for, bring it to the call. The paperwork issued at release and the notices sent afterwards use different language for the same action, and the difference between them determines what can be done.
What losing your licence actually costs.
A licence is not a side issue. For most people it is the consequence that affects daily life first and longest.
- Getting to work. Across Northern California, public transport is not a realistic substitute for most commutes, particularly from the outlying counties.
- Your job itself. Where driving is part of the role, a suspension can end the employment regardless of what the court does.
- Commercial licences. Held to a stricter standard, and reachable by conduct in a personal vehicle on personal time.
- Insurance. A filing requirement follows most suspensions and the cost persists for years after the licence returns.
- Interlock and programme costs. Installation, monthly monitoring and programme fees, all payable while the disruption is at its worst.
- A second criminal case. Driving while suspended is itself a crime, and it is charged routinely against people who believed they were still licensed.
Which of these apply depends on the action taken, the reason for it, and what stage it has reached. That is worth checking before the ten days run.
Why the DMV side gets ignored.
The deadline is short and does not announce itself
Ten days from arrest, and nothing in the paperwork handed over at release marks it as the most urgent thing in the pile. People reasonably assume the licence question will be dealt with at the court date. By then it has already been decided.
A lower standard of proof, decided by the agency
The hearing officer works for the DMV and applies a lower standard than a criminal court. That cuts both ways: the case against you is easier to make, and the hearing is also the earliest opportunity to see and test the evidence.
It is the first look at the criminal case
The hearing produces a record, puts the arresting officer's account on paper, and exposes what the reports actually say. That is useful to the criminal case whatever the DMV decides, and it happens months earlier.
What experience with these hearings actually changes
It is knowing what the hearing officer has to find, which of the three issues is genuinely contestable in a given case, and what is worth subpoenaing before the hearing rather than after it. I have been doing this since 1999.
Whether it is worth having someone handle the DMV side depends on what the licence is worth to you. If you rarely drive and the suspension is short, there are people who reasonably let it run. If your job depends on driving, if you hold a commercial licence, or if a refusal is alleged, the consequences are longer and harder to reverse than the criminal case. Call me and I will tell you which of those you are in, and what representation would cost.
How I handle DMV cases.
- Requesting the hearing — within the ten days, which is the step that preserves everything else.
- Getting the evidence — the sworn report, the calibration and maintenance records, dispatch recordings, and the officer's notes.
- Testing the three issues — whether the stop was lawful, whether the arrest was lawful, and whether the test result or the refusal is properly established.
- Subpoenas — including the arresting officer where cross-examination is likely to be worth more than the paperwork.
- Restricted licences — pursuing limited driving privileges where they are available, so life continues while the rest is resolved.
- Personal attention — you work with us directly.
I have been licensed to practise in California since 1999, State Bar number 203402, and I handle DMV hearings alongside the criminal case across nine Northern California counties. When you call, tell me the date of the arrest first — everything else follows from where you are in the ten days.
Where I handle licence cases.
I handle DMV matters for clients across all nine counties below. Administrative hearings are run by DMV Driver Safety offices rather than by the county courts, but the criminal case they accompany is heard locally.
Sacramento County Placer County Yolo County El Dorado County San Joaquin County Butte County Yuba County Solano County Sutter County
DMV questions I hear most.
How long do I have to request a DMV hearing?
Ten days from the date of arrest. If the request is not made in that window the suspension proceeds automatically and there is no hearing at all. It is the shortest deadline in the matter, and it runs from arrest rather than from any court date. See DUI defence for the criminal case that runs alongside it.
Is the DMV hearing part of my criminal case?
No. It is an administrative proceeding run by the DMV under a lower standard of proof and decided by a hearing officer employed by the DMV, not by a judge. The two proceedings can reach different results, and the DMV can suspend your licence even where the criminal case is dismissed or never filed.
Can I still drive after a DUI arrest?
Usually for a limited period, because the paper served at arrest often operates as a temporary licence for a set number of days. What happens after that depends on whether a hearing was requested in time and what the outcome is. The dates on that paperwork are the ones that matter, so bring it to the call.
What happens if I refused the breath or blood test?
A refusal allegation under Vehicle Code 23612 triggers a separate and longer suspension under Vehicle Code 13353, and it can apply even where the DUI itself does not result in a conviction. Whether a refusal actually occurred, and whether the required admonition was given properly, is frequently contested.
I was charged with driving on a suspended licence but I did not know it was suspended.
Knowledge of the suspension is an element of the offence under Vehicle Code 14601 and its related sections, which means it has to be proved rather than assumed. Notices go to the address on file with the DMV, so people who have moved are charged with this regularly. It is one of the more defensible charges in this area.
Will a DMV suspension affect my commercial licence?
Commercial licences are held to a stricter standard, and conduct in a personal vehicle on personal time can still reach the commercial privilege. If you hold one, say so on the first call, because it changes what an acceptable resolution looks like.
What does handling the DMV side cost?
It depends on whether a refusal is alleged, whether a commercial licence is involved, and whether it is being handled alongside the criminal case. Call and I will tell you what it would cost in your situation before you commit to anything.
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