How Is The DMV Hearing Different From The DUI Charge In Court In California?

If you have been arrested for an alcohol related Dui in California then you are immediately facing two completely separate “cases”—one with the court and one with the DMV.  Many people in this situation are confused as to why they are facing two cases and what the difference is between the two.

DMV Case

If you are arrested for an alcohol DUI in California then you have ten days form the arrest date to request a DMV hearing.  Failure to request that hearing will result in a minimum license suspension of 4 months on a first DUI.  The DMV is only interested in suspending your license and you are not facing any other consequences aside from a license suspension if you lose the DMV hearing.  The DMV hearing is conducted by a DMV “Hearing Officer” who acts as prosecutor, judge, jury, and executioner.  There is no right to a jury trial at the DMV, no 5th amendment right against self-incrimination, and no right to a public defender.

DUI Court Case

If you are charged with DUI in court then you are facing criminal charges where jail time,  court ordered fines and fees, probation, and a license suspension are all possibilities.  In court you are entitled to a public defender if you cannot afford an attorney and you have the right to a jury trial.  You cannot be forced to testify against yourself and the roles of prosecutor and judge are filled by different people so court cases are fundamentally more fair than a DMV proceeding.  If convicted of a DUI in court on a first Dui the minimum license suspension period is 6 months.

If you have been arrested for DUI in California it is extremely important to contact an experienced DUI attorney for a consultation to help you understand your rights and the court and DMV processes.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego,
Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.