DUI Defense Attorney in Manhattan Beach, CA
California DUI charges (Vehicle Code § 23152) can be based on either impairment or a blood alcohol concentration of 0.08% or higher (lower for commercial drivers and drivers under 21). A DUI arrest actually triggers two separate legal processes running in parallel: the criminal case in court, and a civil DMV administrative per se hearing concerning the driver’s license itself — and the DMV process has a strict 10-day deadline from the date of arrest to request a hearing, or the license suspension becomes automatic.
Key Points
- The 10-day deadline to request a DMV hearing (Vehicle Code § 23612) runs from the arrest date, not the court date — missing it generally results in an automatic license suspension regardless of how the criminal case turns out
- DUI causing injury (Vehicle Code § 23153) is charged separately and more seriously than a standard DUI, and can be charged as a felony depending on the circumstances and the defendant’s record
- Field sobriety tests and breath/blood testing procedures are subject to specific legal and scientific standards — how they were administered is frequently a central issue
- A prior DUI within the lookback period significantly increases both criminal and DMV consequences for a subsequent offense
Considerations
- Because the DMV process and the criminal case are separate, resolving the criminal case favorably does not automatically resolve the DMV license consequence — both need to be addressed
- The specific testing method used (breath vs. blood) and the timing of the test relative to driving can both affect the strength of the prosecution’s case
- A commercial driver’s license carries a much lower legal threshold (0.04%) and more severe professional consequences from a DUI conviction
California & Federal Law Note
California Vehicle Code § 23612 requires a request for a DMV administrative hearing within 10 days of a DUI arrest to avoid an automatic license suspension — this deadline runs independently of, and much faster than, the criminal court timeline, which is why it is often the first urgent deadline in a DUI case.
Related Questions
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We’ll discuss the facts of your situation — what you’ve been charged with or are being investigated for, where the case currently stands, and what evidence exists so far. We’ll explain the realistic range of outcomes and what a defense strategy might look like. Consultations are confidential, and there’s no obligation to retain the firm afterward.
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