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DMV and court: two separate processes.

DMV  and  court:  two  separate  processes.The criminal case is held in a court of law,
adjudicated by a lawfully sworn judge, who
When someone is charged with a DUI offense,must follow the California Evidence Code and
there are two separate battles to fight: therules of court. The court case essentially
DMV and the criminal court case. The DMVuses the following criteria to convict the
will suspend driving privileges within 30defendant  of  DUI:
days of an arrest for driving with an alleged
blood alcohol content (BAC) over .08 percent,1. Driving pattern, following the NHTSA cues
unless an Administrative Per Se (APS) hearingof  intoxicated  driving
is requested within 10 days of the DUI
arrest. The court case commences with the2. Physical appearance, reflecting signs of
arraignment date, which is usually heldintoxication, such as red, watery eyes,
within 45 days of arrest. Both cases areslurred  speech,  unsteady  gait,  etc.
held in locations that are the closest,
geographically, to the site of the initial3. Performance on field sobriety tests
DUI  arrest.(FST's), both NHTSA approved and regularly
administered  (non-approved)  FST's
The DMV and the criminal court case are
entirely separate and distinct, with each4. Chemical test results. There are
having little to no effect on the other.essentially 2 bites at the same apple for
However, each of these entities will punishcriminal prosecutors. The defendant may be
the DUI offender. The DMV will suspendcharged with 23152(a)-driving with a BAC
driving privileges. The court will not onlyunder .08 percent yet not driving with the
suspend driving privileges but will mandatecaution characteristic of a sober person
fines, incarceration, and attendance atunder the same or similar circumstances OR
alcohol education classes. The prevailing23152(b)-the per se charge of driving with a
view is that there is no double jeopardyBAC at or above .08 percent. The (a) and (b)
issue, as the DMV sanctions arecounts could even be charged together,
administrative,  rather  than  punitive.convicting the defendant of both counts. The
caveat here is that the defendant can only be
The DMV APS hearing is held in a Driver'spunished once, although the punishment for
Safety office, administered by a DMV hearingeither  count  is  equally  bad.
officer who will suspend driving privileges
bases  on  only  3  issues:The issue that must be driven home the most
is this: even if the defendant is found not
1. Did the officer have reasonable cause toguilty by way of a dismissal or plea bargain
believe the individual was driving a vehicleby the criminal court, this has no effect on
in violation of California Vehicle Codethe DMV case! And if the DMV case is set
Sections  23152  or  23153?aside, this has no effect on the court case!
The only time these two cases have an effect
2.  Was  the  defendant  lawfully  arrested?on one another is where the criminal court
declares that the defendant is NOT GUILTY of
3. Was the defendant driving a vehicle with ahaving a BAC of .08 percent or over. If this
BAC  of  .08  percent  or  over?happens, the DMV is ordered to reinstate the
defendant's driving privileges.



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