Navigating a criminal case for driving under the influence (DUI) can be a daunting task, especially without the right legal representation. In addition to hiring your DUI attorney, it’s important that you know what to expect throughout each stage of the process. After an arrest, you may be wondering, What happens at a DMV hearing after a California DUI?
Fortunately, you don’t have to do everything alone. In fact, it’s highly recommended that you hire a DUI lawyer who understands California DUI laws. Even so, it’s wise to get a grasp on these rules and regulations for yourself, too. The decisions you make during and after a DUI arrest can follow you through your case. It’s imperative that you know what steps you’re taking and why.
What Happens at a DMV Hearing After a California DUI?
In 2023 alone, 1,355 people in California died in alcohol-related crashes. These incidents can also lead to serious injuries and property damage. You can expect to face serious consequences if charged with DUI.
California’s process for navigating DUI cases involves both an administrative aspect and a criminal law aspect. The DMV hearing is a part of the administrative process, which is completely separate from any proceedings in a California criminal court. It’s also called Admin Per Se (APS). You can expect this hearing to determine whether or not your driver’s license will be suspended.
This suspension automatically happens unless you and your attorney request this DMV hearing within 10 days of receiving the suspension or revocation order. The suspension for a first-time offense is four months. This suspension is different from the California DUI penalties issued after your criminal case in multiple ways. It’s an immediate administrative action that only affects your driving privileges.
A license suspension or revocation as a stipulation of your criminal sentence may occur in addition to an administrative sentence. It can also be accompanied by other criminal penalties, including jail time.
DUI Charges in California
DUI can be a misdemeanor or a felony, depending on the details of the incident and the driver’s criminal history. Common penalties for DUI in California include fines, license suspension, and time in jail. If charged with a felony, you can expect to face even harsher penalties.
You can be charged with felony DUI under California law if the case involves aggravating factors such as:
- Causing serious injury or death
- Driving with a minor in the vehicle
- Driving with a suspended or revoked license
- Having a blood alcohol concentration (BAC) of 15 or more
Hire a DUI Lawyer in California to Represent You in a DUI Case
If you’re facing DUI charges in California, reach out to a local law firm with hands-on experience navigating state DUI laws. Over our 20+ years in business, we have earned accreditation and an A+ rating with the Better Business Bureau. We’ve also maintained a 5.0 rating on Google.*
Contact the office to set up an initial consultation with a member of the team today. We’re located near I-10 and I-15, making us an easy stop for clients in need throughout Southern California.
*Reviews from past clients and industry accolades do not guarantee future case results. Selection criteria vary by organization.
ES