A single DUI arrest sets off two completely separate cases: a criminal case in court and an administrative case with the DMV over your driver's license. They run on different tracks, with different rules, and one of them starts a countdown the day you're arrested.
The court case is the criminal side. That's where the DUI charge under Vehicle Code 23152 gets filed, where you appear before a judge, and where penalties like jail, fines, probation, and DUI school come from. The prosecutor has to prove the case beyond a reasonable doubt.
The DMV case is only about your driving privilege. It's called an Administrative Per Se, or APS, action. The DMV doesn't care about jail or fines. It only decides whether to suspend your license. The standard of proof is lower, and a DMV hearing officer, not a judge, runs it.
Here's the piece that catches people off guard. You generally have only 10 days from your arrest to request the DMV hearing. Miss that window and your license suspension usually kicks in automatically, no matter what happens in court. That's why calling a lawyer fast matters.
You can win one case and lose the other. They're independent.
Our DMV hearings page explains the APS process, and our license suspension page covers what a suspension actually means.
Recently arrested? Don't wait. Call (858) 622-7280 or visit our contact page to protect your 10-day window.
This is general information, not legal advice.