In my decades of work in the ignition interlock industry, I have found that many people are surprised to learn that a DUI in California creates two separate cases. Most people think everything happens in court, but the DMV starts its own process right away. These two systems do not work together, and each one has its own rules, deadlines, and outcomes.
My goal here is to explain the difference between the DMV case and the court case, so you know what to expect and how each process affects your license and your future.
Why a DUI Creates Two Separate Cases
When you are arrested for DUI in California, the state divides the case into two parts.
- The DMV case, which focuses on your driving privilege
- The court case, which focuses on criminal charges
You can win one case and lose the other. You can lose both. You can also win both. Each case moves at its own pace and has its own requirements.
Understanding the difference early can help you stay organized and avoid missing deadlines.
The DMV Case Starts Immediately
The DMV process begins the moment you are arrested. It moves much faster than the court case. You must request a DMV hearing within 10 days. If you miss this deadline, the DMV will suspend your license automatically.
The DMV case is called an Administrative Per Se action.
It focuses on your blood alcohol level (BAC), whether you refused the test and whether the officer had reason to stop you.
The DMV does not decide guilt or innocence. They only decide whether you keep your driving privilege.
What Happens at the DMV Hearing
At the hearing, the DMV reviews the officer’s report and any chemical test results. You or your representative can challenge parts of the case. The hearing officer decides whether your license should be suspended.
Many people are surprised by how strict this hearing can be. The DMV follows its own rules and does not use the same standards as the court.
The Court Case Takes Longer
The court case focuses on the criminal side of the DUI. Your court date is usually weeks or months after the arrest. The court reviews the evidence, the officer’s statements, and the test results.
The court can issue penalties like fines, classes, probation, jail time, and ignition interlock requirements.
The court handles the legal consequences, not the DMV.
Why You Must Follow Both Timelines
The DMV and the court do not communicate with each other. Winning one case does not cancel the other. This is why people often get confused.
For example:
- You can win your DMV hearing and still face penalties in court
- You can lose your DMV hearing and still do well in court
The two cases move independently, and each one can affect your license in a different way.
How the Court Case Affects Your License
Even if you win your DMV hearing, the court can still require an ignition interlock device, a restricted license or a license suspension.
This depends on the outcome of your case and the laws in your county.
A Simple Way To Understand the Two Cases
- The DMV case affects your license
- The court case affects your criminal record
- The DMV moves fast
- The court moves slow
- The right hand doesn’t talk to the left, so never assume because of one outcome the other is affected
- You must follow both processes
Once you understand how these two cases work, the process becomes easier to manage.
Closing Thoughts
The DMV and the court each play their own role in a California DUI. When you know what to expect from both sides, you can stay organized and avoid surprises. Taking the process step by step helps you stay focused and make better decisions during a stressful time.
Sources
California Vehicle Code Section 13353 (Administrative Per Se Process)
California Vehicle Code Section 23152
California DMV Hearing Procedures
Local County Court DUI Guidelines