- Charged with a crime in LA? Start at the criminal defense practice overview.
- Constitutional Defense in California: how the Bill of Rights actually works in your case.
- First Amendment Defense: criminal threats (PC 422), protest arrests, recording police.
- Fourth Amendment Defense: searches, seizures, motions to suppress under PC 1538.5.
- What to do when pulled over in California
- What to do if you are arrested in California
- Charge areas: DUI, Drug Crime, Domestic Violence, Weapons, Theft
10-DAY DMV DEADLINE. If you are arrested for DUI in California, you have 10 calendar days from the arrest to request a DMV hearing. Miss the deadline and your license is automatically suspended. The clock does not stop for the weekend.
DUI defense moves on two tracks
Every California DUI generates two parallel proceedings. The criminal case in court determines whether you are convicted of a DUI offense. The DMV Administrative Per Se hearing determines whether your license is suspended. They have different rules, different evidence standards, and different timelines. Losing one does not necessarily mean losing the other.
Most defendants only think about the criminal side. Real DUI defense treats both as equally important from day one.
Where DUI cases are won
The traffic stop. An officer cannot pull you over without reasonable suspicion. A bad stop, documented through dashcam, bodycam, or officer testimony, can suppress everything that followed under Penal Code § 1538.5.
Field sobriety tests. The standardized tests have known failure rates even among sober subjects. Conditions matter: lighting, surface, the subject's age, weight, medical history, and footwear. A close look at how the tests were administered often shows non-compliance with NHTSA protocols.
The chemical test. Breath testing devices require regular calibration, accurate operator training, and a 15-minute observation period before testing. Blood draws require proper chain of custody. Any break in the chain or the procedure can challenge the test result.
Frequently asked questions
What happens if I miss the 10-day DMV deadline?
Your license is automatically suspended. The suspension takes effect 30 days after the arrest. Filing the DMV hearing request within 10 days both stays the suspension pending the hearing and preserves your right to challenge it. Missing the deadline forfeits both.
Can I refuse a breath or blood test?
Under California's implied consent law, refusing a post-arrest chemical test results in an automatic license suspension of one year for a first offense, regardless of the criminal case outcome. Refusal does not prevent prosecution; it adds a separate penalty on top of it. Field sobriety tests before arrest are different: those can generally be declined without the same legal penalty.
Will a DUI conviction stay on my record forever?
For DMV purposes, a DUI stays on your driving record for 10 years and counts as a prior for sentencing if you get another DUI within that window. For criminal record purposes, a DUI conviction can often be expunged under Penal Code § 1203.4 after successful completion of probation. Expungement does not erase the DMV record but removes most criminal consequences.
What if my blood alcohol was over the legal limit?
A BAC reading over 0.08 is not the end of the case. Test results can be challenged on calibration, observation period, chain of custody, rising-BAC defense, and operator-error grounds. The legal limit also assumes the test result is reliable, which is a question of fact, not a foregone conclusion.
Can a felony DUI be reduced to a misdemeanor?
Some felony DUI charges are wobblers and can be reduced to misdemeanors under Penal Code § 17(b). Felony DUIs typically involve injury (Vehicle Code § 23153), prior felony DUI convictions, or a fourth DUI within ten years. The path to reduction depends on the facts and the prosecutor.
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