Under California Vehicle Code §13353.2, you have only 10 days from the date of your DUI arrest to request a DMV Administrative Per Se (APS) hearing. Miss the deadline and your license automatically suspends 30 days after arrest. Call (866) 811-4255 now to preserve your driving privileges.
A DUI arrest in California triggers two separate proceedings on the same day: a criminal case filed by the District Attorney, and an administrative license action at the DMV. Each runs on its own clock. Each uses its own rules. Each can be won or lost independently.
Under Vehicle Code §23152, it is unlawful to drive under the influence of alcohol or drugs, or with a blood-alcohol concentration of 0.08% or higher. First-offense penalties include up to 6 months in county jail, fines and fees that typically total $1,800–$3,000, a 6-month license suspension, 3–9 months of DUI school, and an Ignition Interlock Device (IID) under VC §23575.3. Felony DUI under VC §23153 carries 16 months, 2, or 3 years in state prison.
Call (866) 811-4255 for a free, confidential DUI consultation — 24 hours a day, 7 days a week. Hablamos Español.
A DUI arrest in California isn't one case — it's two. Most lawyers handle only the criminal side. We handle both, and winning one doesn't depend on winning the other.
Filed by the District Attorney. Heard in Superior Court. Prosecutor must prove the case beyond a reasonable doubt.
Outcomes: Dismissal, wet reckless reduction (VC §23103), not guilty verdict at trial, or conviction with sentencing.
Administrative. Heard at the Driver Safety Office. DMV hearing officer (not a judge) decides. Lower standard: preponderance of evidence.
Outcomes: License saved (set aside), or 4-month to 3-year suspension depending on priors and chemical test refusal.
Winning the DMV side preserves driving privileges even while the criminal case is pending. Losing the DMV side while winning the criminal case is still a meaningful win. The strategies for each are related but distinct.
California DUI defense is technical. Every DUI arrest has constitutional, procedural, and scientific pressure points. An experienced DUI defense attorney attacks all three.
Under Terry v. Ohio (1968) and Navarette v. California (2014), an officer must have articulable, particularized facts supporting reasonable suspicion to stop a vehicle. Weaving within a lane isn't enough. A PC §1538.5 motion to suppress on this ground frequently ends DUI cases outright because all subsequent evidence is tainted.
Alcohol is still being absorbed into the bloodstream for 30–90 minutes after the last drink. If the breath or blood test was taken 1–3 hours after the stop, BAC at the time of driving may have been below 0.08% even if the test later showed higher. Expert toxicologist testimony combined with timeline reconstruction can win this defense at trial and at the DMV hearing.
17 CCR §§1215–1222.2 sets mandatory protocols for breath testing. Violations include: operator not properly certified, no continuous 15-minute observation period before the test, machine not calibrated within the required interval, no duplicate samples within 0.02% of each other. A single Title 17 violation can result in the breath test being excluded entirely.
NHTSA-standardized field sobriety tests (Horizontal Gaze Nystagmus, Walk-and-Turn, One-Leg Stand) are only valid when administered according to NHTSA protocols. Any deviation undermines reliability. Medical conditions, footwear, roadway slope, weather, and age can all produce false clues of impairment. Our of counsel Daniel P. Flores is NHTSA-certified in FST administration — which means he knows every protocol violation to cross-examine on.
Blood tests require proper phlebotomy, correct vial anticoagulant, refrigerated storage, and documented chain of custody. Hemolysis, fermentation, or contamination can falsely elevate BAC readings. Retesting a split sample can expose errors.
GERD, acid reflux, diabetes (ketosis), hypoglycemia, and low-carb dieting can all produce falsely elevated breath BAC readings. Certain medications and mouthwashes contain alcohol. An experienced DUI defense will review medical records and prescriptions as part of case preparation.
Pre-arrest statements are admissible, but custodial interrogation statements taken without Miranda warnings (Miranda v. Arizona, 384 U.S. 436) must be suppressed. Field sobriety test questions asked after handcuffs are on may cross the line.
At a DMV Administrative Per Se hearing, the hearing officer considers three issues only:
A defense win on any single issue results in the license being set aside — no suspension.
APS hearings are held at regional Driver Safety Offices. Major SoCal offices:
Past results do not guarantee future outcomes. Each case is different. These results reflect DUI defense work that produced dismissals, reductions, and acquittals.
| Case | Charge | Outcome |
|---|---|---|
| People v. O.A. | VC §23153 Felony DUI with 2 GBI enhancements | REDUCED to wet reckless |
| People v. J.W. | VC §23152 DUI with Marijuana | NOT GUILTY by jury |
| People v. [Confidential] | VC §23152(b) First-Offense DUI (0.16% BAC) | DMV hearing WON / criminal REDUCED to dry reckless |
| People v. [Confidential] | VC §23550 Fourth-Offense Felony DUI | REDUCED to misdemeanor |
| People v. [Confidential] | VC §23152 DUI with refusal allegation | DISMISSED after PC 1538.5 motion |
We defend DUI cases at every major Superior Court across Southern California. Each court has its own DUI calendar, its own judicial preferences on suppression motions, and its own local rules on plea reductions.
All four OC Superior Court justice centers: Central (Santa Ana), Harbor (Newport Beach), North (Fullerton), West (Westminster). OC criminal defense practice.
Clara Shortridge Foltz Criminal Justice Center (downtown LA), Airport Courthouse, Long Beach, Van Nuys, Pasadena, Compton, and regional branches.
Riverside Historic Courthouse, Larson Justice Center (Indio), Southwest Justice Center (Murrieta), Banning Justice Center.
San Bernardino Justice Center, Rancho Cucamonga District, Victorville Courthouse, Joshua Tree. San Bernardino practice.
San Diego Central Courthouse, Chula Vista, Vista (North County), El Cajon (East County).
Straight answers to the questions California DUI defendants ask in the first 10 days after arrest — with citations to the controlling Vehicle Code sections and California case law.
10 days from the date of arrest under Vehicle Code §13353.2.
Missing the 10-day deadline means the license automatically suspends 30 days after arrest. The hearing itself typically occurs 30–60 days after the request is filed, at the regional Driver Safety Office assigned to where the arrest occurred. Winning the APS hearing preserves driving privileges regardless of the criminal case outcome.
Under Vehicle Code §23152(b), the general adult BAC limit is 0.08%. Lower limits apply to other drivers:
Commercial drivers (CDL): 0.04% (VC §23152(d)). Rideshare and taxi drivers with passenger: 0.04% (VC §23152(e)). Drivers under 21: 0.01% (VC §23136). DUI probationers: 0.01% (VC §23154).
A DUI is charged as a felony when: (1) the DUI results in injury to another person (VC §23153); (2) it is the fourth DUI within 10 years (VC §23550); (3) it occurs within 10 years of a prior felony DUI (VC §23550.5); or (4) the driver has a DUI-related death charged as second-degree "Watson" murder (PC §187).
A wet reckless is a plea reduction under Vehicle Code §23103.5 — "reckless driving involving alcohol." It carries lower fines, shorter probation (typically 1–2 years instead of 3–5), no mandatory license suspension as part of the conviction, and shorter DUI school.
Critical detail: A wet reckless still counts as a DUI prior if the driver is charged again within 10 years.
Yes. Outright dismissals happen regularly when the defense identifies a dispositive issue: (1) Successful PC §1538.5 motion to suppress evidence due to an unlawful stop or search; (2) Title 17 violations excluding breath test results; (3) chain of custody failures on blood tests; (4) Brady violations; (5) speedy trial violations under PC §1382.
Refusal of a chemical test (breath or blood) after a lawful DUI arrest triggers enhanced penalties under California's Implied Consent Law (VC §23612): A one-year DMV license suspension (first offense), two years (second offense), or three years (third). Mandatory jail time is added to the sentence if convicted.
Refusal allegations can be challenged on whether the admonition was properly read, whether the driver was physically capable of understanding, and whether the refusal was unequivocal.
Under Vehicle Code §23575.3, first-offense DUI convictions in California require an IID for 4–10 months as a condition of getting a restricted license. Second offense: 1 year. Third: 2 years. Fourth or felony: 3 years.
Yes — for 30 days after arrest. At the time of arrest, the officer typically issues a pink temporary license (Form DS-367) that serves as a driving permit for 30 days. If a DMV hearing is timely requested, driving privileges continue until the hearing is decided.
Yes. Under Penal Code §1203.4, misdemeanor DUI convictions can be dismissed after successful probation completion. The plea is withdrawn, a not-guilty plea is entered, and the case is dismissed. The conviction remains visible to law enforcement and for DMV priorability purposes, but disappears from most employment background checks.
DUI defense fees vary by case complexity, priors, and whether trial is expected. Most private DUI engagements are flat-fee per stage: (1) DMV APS hearing; (2) criminal case through plea; (3) criminal case through jury trial if needed. ALL Trial Lawyers offers free confidential consultations at (866) 811-4255 and quotes a flat fee after reviewing the police report, breath/blood results, and prior record.
Every hour after a California DUI arrest matters. The 10-day DMV deadline under VC §13353.2 is absolute — miss it and the license suspension is automatic. Pre-hearing evidence preservation, officer subpoenas, and discovery requests all start the moment you retain counsel.
Our DUI practice is led by of counsel Daniel P. Flores, with 2,500+ DUI cases, California DUI Lawyers Association membership, and NHTSA certification in Standardized Field Sobriety Test administration. Our founding attorney Mohammad Abuershaid is a former Orange County Public Defender featured on CNN, The New York Times, and The Los Angeles Times. We defend DUI cases in every major Superior Court across Orange County, Los Angeles, Riverside, San Bernardino, and San Diego Counties.