DMV and court: two separate processes.

DMV and court: two separate processes.case essentially uses the following criteria to convict
When someone is charged with a DUI offense, therethe defendant of DUI:
are two separate battles to fight: the DMV and the1. Driving pattern, following the NHTSA cues of
criminal court case. The DMV will suspend drivingintoxicated driving
privileges within 30 days of an arrest for driving with2. Physical appearance, reflecting signs of intoxication,
an alleged blood alcohol content (BAC) over .08such 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 arraignmentNHTSA 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 entirelydefendant may be charged with 23152(a)-driving with
separate and distinct, with each having little to noa BAC under .08 percent yet not driving with the
effect on the other. However, each of these entitiescaution characteristic of a sober person under the
will punish the DUI offender. The DMV will suspendsame or similar circumstances OR 23152(b)-the per se
driving privileges. The court will not only suspend drivingcharge of driving with a BAC at or above .08 percent.
privileges but will mandate fines, incarceration, andThe (a) and (b) counts could even be charged
attendance at alcohol education classes. The prevailingtogether, convicting the defendant of both counts. The
view is that there is no double jeopardy issue, as thecaveat 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 Safetyis equally bad.
office, administered by a DMV hearing officer who willThe 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 thedismissal or plea bargain by the criminal court, this has
individual was driving a vehicle in violation of Californiano 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 ofanother 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, adjudicatedpercent or over. If this happens, the DMV is ordered to
by a lawfully sworn judge, who must follow thereinstate the defendant's driving privileges.
California Evidence Code and rules of court. The court