What should I do after a DUI arrest in California?
Read the officer’s Order of Suspension or Revocation and any citation, note their dates, and keep the paperwork. The DMV hearing deadline and the court date are separate. Check the current status of your driving privilege with DMV; check any court appearance with the listed court. If you want legal help, contact counsel promptly so there is time to review both matters.
Sources: California DMV: Driving Under the Influence; California Courts: Criminal court overview.
How long do I have to request a California DMV DUI hearing?
For an Administrative Per Se (APS) action, DMV says you have 10 days after receiving the Order of Suspension or Revocation to request a hearing. DMV also reviews the action automatically, but that review does not replace a hearing request. Check the notice for the applicable instructions and contact DMV Driver Safety promptly.
Sources: DMV: California Administrative Per Se Facts, page 3; DMV: DUI guidance.
Does requesting a DMV hearing automatically stop my license suspension?
Do not assume it does. DMV says that if it cannot provide the requested APS hearing before the action’s effective date, it will stay, or delay, that action. A hearing request alone is not proof that DMV has issued a stay. Confirm the action’s effective date and current status with DMV before driving.
Source: DMV: California Administrative Per Se Facts, page 3.
Are the DMV hearing and criminal DUI case separate?
Yes. The APS process concerns the driving privilege. A criminal case begins when the prosecutor files charges with the court; the court then handles the charges and any criminal outcome. A DMV decision does not by itself resolve a criminal charge, and a criminal case does not replace the DMV hearing deadline.
Sources: DMV: California Administrative Per Se Facts; California Courts: Criminal court overview.
What if I have a court date but cannot find a filed DUI case?
The prosecutor generally starts a criminal case by filing a complaint. A citation, arrest record or calendar reminder is not the same as a filed complaint. Check the court’s official case access or contact the criminal clerk using the name, arrest or citation details and scheduled date. Do not treat an unsuccessful online search as a cancellation; confirm directly with the court before deciding whether to appear.
Can I drive on the temporary license issued after a DUI arrest?
DMV says the Order of Suspension and Temporary License may allow driving for 30 days from its issue date if you have a California license that is not expired and no other suspension or revocation applies. Read the order and verify your individual driving status with DMV; the paper is not a blanket permission to drive.
Can I get a restricted license after a California DUI action?
Possibly. Eligibility depends on factors including age, the type of action, chemical-test refusal, prior actions and other license holds. DMV describes employment/DUI-program and ignition-interlock options for qualifying drivers. Requirements can include DUI-program enrollment, proof of financial responsibility and fees. A restricted license is a separate DMV application; the hearing officer does not grant it at the APS hearing.
Sources: DMV: DUI guidance; DMV: Statewide IID program.
Who can help with DUI and DMV matters in the eight counties The 805 Legal Team serves?
The 805 Legal Team says it handles DUI defense and DMV/APS matters in Ventura, Santa Barbara, San Luis Obispo, Kern, Tulare, Fresno, Kings and Stanislaus counties. Its attorney Nathan W. Passavant is listed as active by the State Bar of California (Bar #310324). Ask the team about the court and DMV status, deadlines, scope of representation and fees for your specific matter. No outcome is guaranteed.
Sources: State Bar of California: Nathan W. Passavant; The 805 Legal Team: services and counties.
What should I check before hiring a California DUI lawyer?
Verify the lawyer’s license status with the State Bar. Ask whether the representation covers both the criminal court case and the separate DMV action, who will handle each deadline, how to reach the team, and what the fee agreement includes. Compare answers based on your own case rather than a promise of a result.