A DUI is two cases,
not one.
The criminal case decides your record. The DMV case decides your license — and it starts a ten-day clock the day you are arrested.
After a DUI arrest, you have 10 days to save your license.
That is the window to request a DMV hearing — separate from anything that happens in court. Miss it and the suspension takes effect automatically, before your criminal case has even been heard. Weekends and holidays count.
Two clocks, one arrest
A DUI runs as two parallel cases on different schedules. Losing track of one is how people lose a license they could have kept.
Arrest
Your license is taken and replaced with a temporary paper one. Two separate proceedings begin the same day — one at the DMV, one in court — and neither waits for the other.
10 DAYS
Request the DMV hearing
Calendar days, including weekends and holidays. Request it and the suspension is stayed pending the hearing; miss it and the suspension takes effect on its own, before a judge has heard anything.
Temporary license expires
Unless a hearing request has stayed it, the administrative suspension begins here — four months for a first offense, longer for a refusal or a prior.
Arraignment
Charges are read and you enter a plea. This is also where the court sets conditions of release and, in some cases, orders an interlock device or alcohol monitoring.
DMV hearing
A telephonic or in-person hearing before a DMV officer — not a judge. Narrow issues: was the stop lawful, was the arrest lawful, was your BAC 0.08 or above. Winning it keeps your license regardless of the criminal case.
2–6
Pretrial and motions
Discovery on the calibration and maintenance of the testing device, the officer's observations, and the stop itself. Suppression motions live here, and so do most resolutions.
Diversion, if eligible
Military diversion under § 1001.80 expressly reaches DUI, and collaborative DUI courts exist in several counties. Neither is offered automatically — they have to be asked for.
Sentence and reinstatement
Fines, probation, DUI school, and an ignition interlock requirement. A conviction triggers its own DMV action separate from the administrative one, so the license timeline can outlast the court case.
The DMV case is administrative and fast.
It is not held in a courthouse and it is not decided by a judge. It concerns one question — whether your driving privilege is suspended — and it proceeds on its own schedule regardless of what the criminal court does.
The criminal case is slower and broader.
Fines, probation, DUI school, ignition interlock, and in some cases custody. An acquittal or dismissal does not automatically undo a DMV suspension, and a DMV win does not end the criminal case.
Refusal carries its own penalty.
Refusing a chemical test after a lawful arrest triggers a longer suspension and can be used against you at trial — separate from whatever the blood alcohol evidence shows.
Where DUI cases are actually won
The stop.
An officer needs reasonable suspicion to pull you over. Where the stop fails, everything after it can go with it.
The testing.
Breath machines require calibration and maintenance records. Blood draws require proper collection, storage, and chain of custody. Rising blood alcohol, medical conditions, and mouth alcohol are all real issues, not technicalities.
The field sobriety tests.
Standardized tests have standardized procedures, and officers frequently depart from them. They are also voluntary in California — you are not required to perform them.
Ignition interlock requirements
An interlock is a breath-test unit wired to the ignition — the car will not start without a clean sample, and it retests at random intervals while you drive. Under California's statewide program, an IID is what turns a suspension into a license you can actually use.
What it costs, practically
- Installation plus a monthly monitoring fee, paid by you — typically the largest ongoing expense of a DUI
- Every vehicle you operate needs one, with a narrow employer-vehicle exemption on form DL 923
- Income-based fee reductions are available through certified providers; ask, because they are not offered
- Only a DMV-certified installer counts
Where people get hurt
- Time out of compliance earns no credit — a month with the device removed extends the term by a month
- Failed or missed random retests are logged and reported, and can trigger a probation violation
- No motorcycles for the entire restriction period
- Mouthwash, some medications, and even fresh bread have produced positive readings — wait and retest rather than logging a refusal
IID terms have been amended repeatedly since the statewide program began in 2019. Confirm the term that applies to your offense date before relying on any of these figures.
DUI law runs on statutes with hard deadlines. These are the ones that matter most.
Authorities current as of 2025. Law changes; nothing here is a substitute for advice on your own facts.
Get answers about your situation.
This page is general information — a consultation is where it becomes advice. We'll review the specific facts of your case and build a step-by-step strategy toward your goal. You'll leave understanding your case and your options — whether or not you hire the firm.
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