1. Arrest Papers Establish Two Separate Proceedings
A DUI arrest can trigger a criminal prosecution and a DMV Administrative Per Se (APS) action. Each follows its own procedure and deadline.
Confirm the Court and Prosecutor
The Los Angeles Superior Court handles DUI charges, but courthouses and prosecutors vary. The county District Attorney handles felonies and many misdemeanors; city prosecutors handle misdemeanors in Los Angeles, Pasadena, and Long Beach. Check the citation and filed complaint. The court offers online case summaries and calendars, but not criminal document images.
Request a DMV Hearing before the Deadline
Under Vehicle Code §13558, drivers can contest an APS action. DMV guidance sets a hearing-request deadline of 10 days after personal service or 14 days from the date of a mailed notice. Contact DMV Driver Safety, not the criminal court. An officer-issued notice generally permits 30 days of temporary driving if otherwise eligible; requesting a hearing alone does not stay suspension. An alleged DUI breathalyzer refusal requires separate review of the warnings and test demand.
2. DUI Charges Depend on Driving and Impairment Evidence
The alleged offense determines what prosecutors must establish. The first case review should separate impairment, blood alcohol concentration (BAC), driving, and prior offenses.
Distinguish Alcohol and Drug Allegations
Vehicle Code §23152(a) prohibits driving while alcohol-impaired. Section 23152(b) concerns driving with a BAC of at least 0.08%. Sections 23152(f) and (g) cover drug impairment and combined alcohol-and-drug impairment. A lower BAC does not necessarily defeat an impairment charge, and no universal numerical drug threshold applies to these offenses.
Examine the Stop and Driver Identification
A traffic stop generally requires reasonable suspicion; an arrest requires probable cause. Compare the officer's account with dispatch records, video, and witnesses. When police find a parked vehicle, proof of who drove and when may matter. Penal Code §1538.5 addresses evidence obtained through an unlawful search or seizure, not every unreliable test result.
Assess Prior Convictions and Injury Charges
A first conviction can involve fines, probation, DUI education, jail exposure, and licensing consequences under §§23536 and 23538. Qualifying priors increase potential penalties. Vehicle Code §23153 also requires an unlawful act or neglected driving duty that proximately caused bodily injury. See the separate California felony DUI analysis for serious injury and death allegations.
3. Testing Records Must Be Read against the Driving Timeline
Roadside exercises, chemical testing, and laboratory analysis serve different purposes. Their timing affects what each result can establish.
Separate Roadside Screening from Post-Arrest Testing
Field sobriety tests evaluate performance rather than BAC. Adults age 21 or older who are not on DUI probation generally may decline pre-arrest preliminary alcohol screening, subject to exceptions. Different rules apply to younger drivers and those on DUI probation. After a lawful DUI arrest, Vehicle Code §23612 governs required chemical tests. Review the test offered, warnings, and any claimed inability or refusal to complete it.
Evaluate Breath and Blood Test Reliability
Under 17 CCR §1221.1, breath sampling requires 15 continuous minutes without drinking, eating, smoking, vomiting, or regurgitating. Calibration records also matter. Blood analysis raises collection, storage, and chain-of-custody questions. A blood alcohol content review should connect the result with driving time. A procedural defect does not automatically exclude the evidence.
Interpret the Three-Hour BAC Presumption
Section 23152(b) establishes a rebuttable presumption about BAC at driving when a qualifying test within three hours measures at least 0.08%. It is not conclusive. A later test remains potentially admissible. Drinking history, testing intervals, and scientific evidence may change the interpretation.
4. Defense Work Addresses Evidence and Practical Pitfalls
DUI legal services can include criminal discovery, DMV hearings, motions, negotiations, and trial preparation. Each task depends on the disputed facts.
Obtain Records before Evidence Disappears
Penal Code §1054.1 governs specified prosecution disclosures, including qualifying scientific reports. Attorneys can compare reports, video, and witnesses while seeking privately held footage before deletion. DMV hearings use separate rules, including subpoenas to question report authors. A favorable DMV outcome does not end the criminal case.
H3: Assess Motions and Plea Terms
Suppression under Penal Code §1538.5 concerns unlawful searches or seizures. Challenges to test reliability may instead concern admissibility or evidentiary weight. A “wet reckless” disposition under Vehicle Code §23103.5 may reduce immediate penalties but count as a prior in later DUI proceedings. Review any license or ignition-interlock conditions before accepting a plea.
Avoid Errors That Narrow Your Options
Keep the citation, DMV notice, messages, and recordings intact. A court date does not preserve DMV hearing rights, and a temporary permit expires on its stated terms. Before retaining an attorney, confirm whether the fee includes DMV representation, experts, motions, and trial.
11 Nov, 2026
