The DMV Case vs The Criminal Case
05/ 06 / 16 Filed in: DUI | DMV | Legal | Process
One of the little "quirks" of the DUI process is that when you're arrested you find yourself faced with two charges against you for one crime. It's not Double Jeopardy - it's a loophole that they're exploiting against you.
The case that's against you - technically just a ticket for a DUI - is a criminal case and it belongs to the court. The court can fine you, imprison you, suspend your license, require an ignition interlock device, it has a lot of range. This is what you get your lawyer for, this is the main thing you defend yourself against.
However, it's not the complete case against you. When you sign the agreement to get your driver's license, you agree to not drink and drive. It's in the fine print that you didn't read, and if you did, it's not like you're going to say "If I can't drink, then I don't want to drive!".
Because you have violated the agreement, the DMV can punish you on their own, in a cival case against you independently of your criminal case. Your court case can get dismissed, delayed, rejected, etc. and you can still lose your license because of the DMV's hearing against you. It's completely not fair, I agree, but them's the breaks.
It is 100% possible to beat your court case and still face a suspension of your license.
In California you have just 10 days from your arrest to request a hearing about your case, otherwise your license will be suspended automatically for six months for a first offense(other states have similar laws, some even harsher). Supposedly the phone number that you call to request this hearing has a high volume to it, making it a long affair to request this hearing (I don't know, my lawyer took care of this for me, and he claims that lawyers have an alternate number they can call for this. I, of course, have no way of verifying these claims).
After your DMV hearing is requested you can drive anywhere you want, at any time, free and clear, just as long as you aren't drinking - until your trial you are on a zero-tolerance suspension, and can have your license fully suspended for a year if you're found with any detectable amount of alcohol in your system.
Given that you'll still be a little shaky from your arrest, and already watching over your back, you don't need any more distractions from your driving. Grab an Uber, don't risk it.
Dealing with the DMV during your DUI adventure is just as much of a pain as dealing with the court is. The complete suspension of your driver's license is the most difficult, day-to-day affecting part of your sentencing, and it comes with multiple visits to the DMV (reason enough not to get a DUI), lots of waiting, the utter hassle of the ignition interlock device (IID), and the paying of small, but annoying, fees on top of this.
Even if you beat the case, you still lose.