1. Put the DMV Notice and Court Papers Side by Side
The DMV's Administrative Per Se (APS) process addresses your driving privilege. The criminal court handles any DUI charge the prosecutor files. Start by identifying what each document asks you to do and when.
Read the DMV Suspension or Revocation Notice
Keep a copy of the order and note when you received it. You generally have 10 days from the day you receive the notice to request an APS hearing. Vehicle Code § 13558 sets that deadline. Follow the instructions on the notice and save any confirmation. You can request a hearing while the lab results are still pending.
If the order also serves as a temporary license, check its issue date and the conditions printed on it. An eligible driver can generally use it for 30 days from issuance. The temporary license period and the deadline to request a DMV hearing use different starting points.
Confirm the Court Date and Release Terms
Look for the courthouse, appearance date, and any release conditions on your citation, release paperwork, or court notice. If two documents show different appearance dates, keep both and confirm the current date with the court or your attorney. Attending court does not serve as a request for a DMV hearing.
2. Rebuild the Stop and Testing Timeline
Give each event its own entry. If you remember the stop happening late Wednesday but the report lists a Thursday booking time, keep both entries. Mark which times come from records and which are estimates from memory.
Identify How the Stop Began and What Happened Roadside
Write down where the officer first spoke to you. Were you at a sobriety checkpoint, or did an officer pull you over? At a checkpoint, note where you entered and whether an officer sent you to a second screening area.
If an officer pulled you over, find the reason for the stop in the report. Compare it with any dashcam footage, body-camera footage, or dispatch records you can obtain. If the footage starts later, note what part of the stop is missing.
Keep the officer's observations separate from the field sobriety exercises. If the officer asked you to walk or balance, write down the instructions. Check the footage for details like uneven pavement or poor lighting.
Log any preliminary alcohol screening (PAS) test separately. If the officer asked you to blow into a handheld device, note when the officer asked and whether the device showed a reading.
Drivers who are 21 or older and off DUI probation can generally decline PAS. Separate rules apply to drivers under 21 or on DUI probation. A required chemical test after arrest still applies even if you took PAS.
Check the Post-Arrest Test or Refusal Record
Vehicle Code § 23612 governs chemical testing after a lawful DUI arrest. If officers were testing for alcohol, note the time you gave a breath sample or had blood drawn.
A blood test report may show when someone drew the sample, when the lab tested it, and when the lab issued the result. Compare the draw time with the reported time of driving. Check that the sample ID on the draw record matches the one on the lab report.
If the report says you refused or did not finish a test, check which test the officer asked you to take. Note what the officer said could happen to your license. Write down how you responded.
If you tried to give a breath sample, look for a test printout, a device message, or a recording of the attempt.
3. Sort the Records for the DMV and the Criminal Case
Mark each item as received, requested, or still needed. Some records may appear in both files. Use the same timeline to compare them, and keep the agency's name or the document title next to each recorded time.
- DMV order and temporary license. Check the papers the officer gave you or the DMV sent. Record when the order was issued, when you received it, and why the DMV took action.
- Citation, release papers, or court notice. Check the courthouse, the date you must appear, and any release terms.
- Officer's report and recordings. Look for these in the DMV evidence or through criminal discovery. Check the reason for the stop, the roadside instructions, and the arrest time.
- Breath test printout or blood test records. Look for these in the DMV evidence or through criminal discovery. Check the test time, the result, and the sample ID if police obtained a blood sample.
Check the Evidence Supporting the DMV Action
Ask the Driver Safety office how to obtain the evidence the DMV intends to use. Compare the notice with the officer's sworn report and any test records in the packet. If the DMV relies on an alcohol concentration, check which result it cites. If it relies on an alleged refusal, locate the officer's account of the request, warning, and response.
Identify Gaps in the Criminal Case File
Once the prosecutor files charges, your attorney can review the materials provided through criminal discovery. If the report describes a roadside exercise but the footage starts after the arrest, flag the missing portion. If the report gives a test result without showing the test time, flag the underlying printout or collection record. Those are specific gaps an attorney can follow up on when reviewing the DUI charge.
4. Frequently Asked Questions
A jail sentence is a criminal court matter. The applicable minimum can depend on whether the court grants probation.
Without probation, Vehicle Code § 23536 sets a minimum of 96 hours in county jail. If the court grants probation, § 23538 allows the court to order jail as a condition. If the court does so under that provision, the minimum is 48 hours. Different sentencing provisions can apply when the offense causes injury or the driver has qualifying prior convictions.
06 Nov, 2026
