| DMV and court: two separate processes. | | | | case essentially uses the following criteria to convict |
| When someone is charged with a DUI offense, there | | | | the defendant of DUI: |
| are two separate battles to fight: the DMV and the | | | | 1. Driving pattern, following the NHTSA cues of |
| criminal court case. The DMV will suspend driving | | | | intoxicated driving |
| privileges within 30 days of an arrest for driving with | | | | 2. Physical appearance, reflecting signs of intoxication, |
| an alleged blood alcohol content (BAC) over .08 | | | | such as red, watery eyes, slurred speech, unsteady |
| percent, unless an Administrative Per Se (APS) | | | | gait, etc. |
| hearing is requested within 10 days of the DUI arrest. | | | | 3. Performance on field sobriety tests (FST's), both |
| The court case commences with the arraignment | | | | NHTSA approved and regularly administered |
| date, which is usually held within 45 days of arrest. | | | | (non-approved) FST's |
| Both cases are held in locations that are the closest, | | | | 4. Chemical test results. There are essentially 2 bites |
| geographically, to the site of the initial DUI arrest. | | | | at the same apple for criminal prosecutors. The |
| The DMV and the criminal court case are entirely | | | | defendant may be charged with 23152(a)-driving with |
| separate and distinct, with each having little to no | | | | a BAC under .08 percent yet not driving with the |
| effect on the other. However, each of these entities | | | | caution characteristic of a sober person under the |
| will punish the DUI offender. The DMV will suspend | | | | same or similar circumstances OR 23152(b)-the per se |
| driving privileges. The court will not only suspend driving | | | | charge of driving with a BAC at or above .08 percent. |
| privileges but will mandate fines, incarceration, and | | | | The (a) and (b) counts could even be charged |
| attendance at alcohol education classes. The prevailing | | | | together, convicting the defendant of both counts. The |
| view is that there is no double jeopardy issue, as the | | | | caveat here is that the defendant can only be |
| DMV sanctions are administrative, rather than punitive. | | | | punished once, although the punishment for either count |
| The DMV APS hearing is held in a Driver's Safety | | | | is equally bad. |
| office, administered by a DMV hearing officer who will | | | | The issue that must be driven home the most is this: |
| suspend driving privileges bases on only 3 issues: | | | | even if the defendant is found not guilty by way of a |
| 1. Did the officer have reasonable cause to believe the | | | | dismissal or plea bargain by the criminal court, this has |
| individual was driving a vehicle in violation of California | | | | no effect on the DMV case! And if the DMV case is |
| Vehicle Code Sections 23152 or 23153? | | | | set aside, this has no effect on the court case! The |
| 2. Was the defendant lawfully arrested? | | | | only time these two cases have an effect on one |
| 3. Was the defendant driving a vehicle with a BAC of | | | | another is where the criminal court declares that the |
| .08 percent or over? | | | | defendant is NOT GUILTY of having a BAC of .08 |
| The criminal case is held in a court of law, adjudicated | | | | percent or over. If this happens, the DMV is ordered to |
| by a lawfully sworn judge, who must follow the | | | | reinstate the defendant's driving privileges. |
| California Evidence Code and rules of court. The court | | | | |