A California DUI starts two separate cases: a criminal case in Contra Costa County Superior Court and a DMV case against your license. To get a hearing before the suspension takes effect, you must ask the DMV within 10 days of receiving the order of suspension.

Bay Area DUI Defense Backed by Three Decades in Contra Costa Courtrooms

The Law Offices of Johnson & Johnson has defended drivers across Contra Costa County since 1993. A California DUI arrest starts two separate cases: a criminal case filed by the district attorney, and a separate DMV process that can suspend your driving privileges regardless of what happens in court. Peter Johnson leads the DUI practice and belongs to the National College for DUI Defense and the California DUI Lawyers Association. We handle both cases from day one, and you work directly with an attorney. Start with DUI basics if you are still sorting out what you face and then talk with a Contra Costa County criminal defense attorney about your options.

Why Contra Costa Drivers Trust Johnson & Johnson

A DUI arrest creates two urgent problems: a criminal prosecution that can bring fines, probation, and jail, and a separate DMV process that can restrict your driving privileges. Choosing counsel means looking beyond years in practice to DUI-specific training, courtroom readiness, direct attorney involvement, and the ability to handle both proceedings together.

  • DUI defense experience dating to 1993: Peter Johnson leads the firm’s DUI practice and has defended California clients for more than 30 years. He is the author of California DUI Defense, a leading legal reference guide for attorneys.
  • A substantial firmwide trial record: The firm has handled more than 2,000 cases, including over 150 jury trials and 300 court trials.
  • Both proceedings addressed: We handle the DMV license hearing and the criminal DUI case together.
  • Direct attorney access: You work with an experienced attorney, not a junior associate.
  • Contra Costa County experience: The firm regularly appears in county courts and represents clients whose cases proceed in Martinez, Richmond, or Pittsburg.

The first 10 days are critical because the DMV hearing is not automatic; it must be requested on time. Once that deadline is met, effective DUI defense requires coordinated attention to the stop, arrest, chemical testing, license proceeding, and criminal charge. Johnson & Johnson’s DUI-specific experience and trial preparation address the case on both fronts.

Two Cases Start the Day You Are Arrested

The two cases run on different clocks.

The criminal case belongs to the Contra Costa County District Attorney. If you are held in custody, California law requires that you be taken before a magistrate without unnecessary delay and, in any event, within 48 hours of arrest, excluding Sundays and holidays. If that clock runs out while court is not in session, it extends to the next session. That appearance is the arraignment.

The license case belongs to the DMV. The officer takes your license and hands you an order of suspension that doubles as a temporary license for 30 days from the arrest date. To get a hearing before the suspension takes effect, you or your attorney must ask the DMV within 10 days of receiving that order. Waiting is among the costliest mistakes we see.

What the DMV Hearing Can and Cannot Do for You

The DMV hearing is a civil proceeding about your driving privilege, independent of guilt or innocence. Knowing its limits separates a plan from false hope:

  • It is narrow. State law limits a chemical-test hearing to three questions: reasonable cause, lawful arrest, and whether you drove at 0.08% or more.
  • It will not get you a restricted license. The DMV says a restricted license request cannot be considered at the hearing.
  • A reduction to reckless driving does not undo it. The department says a courtroom reduction does not affect the suspension.
  • The length is set by statute. A first occasion with no qualifying prior in 10 years carries a four-month suspension. A qualifying prior makes it one year.
  • An interlock can end it early. Either suspension terminates if you are convicted of a violation arising out of the same occurrence, are eligible for a restricted license, install a certified ignition interlock device, and meet the other statutory conditions. That relief dates to 2019, and a 2025 law extended it to 2033.

We treat the hearing as strategy, not paperwork. The state guidance on DUI license actions confirms how separate the two tracks are after a DUI arrest.

Are DUI Checkpoints Legal in California?

Yes, but only within limits. California allows sobriety checkpoints, but in Ingersoll v. Palmer the California Supreme Court set out the factors a checkpoint must meet to be constitutional. Among the most important are:

  • Supervising officers, not officers in the field, must decide when and where the checkpoint operates
  • Drivers must be stopped by a neutral formula, such as every third or fifth car, rather than an officer’s hunch
  • The location, timing, and safety measures must be reasonable
  • The checkpoint must show its official nature through clear signs, lighting, and uniformed officers
  • Each stop must be brief
  • The checkpoint is normally publicized in advance

Drivers are also generally free to turn away before reaching a checkpoint and cannot be stopped simply for avoiding it. When police depart from these requirements, the stop and any evidence that came from it can be challenged.

The Charges, the Testing, and the Evidence We Attack

Prosecutors usually file two counts under California’s drunk driving statute: driving under the influence, and driving at 0.08% or more alcohol by weight in the blood. The threshold drops to 0.04% for a commercial vehicle and for a driver carrying a passenger for hire. If someone other than the driver is injured, prosecutors can charge under the injury statute, which also requires proof of an unlawful act or neglected duty that proximately caused it.

The evidence behind those numbers is where many cases are won or lost:

  • The reason for the stop. Unlawful stops can result in evidence being inadmissible.
  • Field sobriety testing, which is subjective and often given at night on uneven ground.
  • The roadside preliminary alcohol screening device, which the Vehicle Code treats as a field sobriety test and which the officer must tell you that you may refuse. Different rules apply under 21 and on DUI probation.
  • The evidentiary breath or blood test: calibration and maintenance records, sample handling, and lab analysis.
  • Whether the refusal advisements were given, since a refusal carries a one-year suspension, a two-year revocation with one qualifying prior in 10 years, and a three-year revocation with two or more.

A first-offense conviction alone can mean jail of 96 hours to six months and a fine of $390 to $1,000, and a later offense within 10 years raises the exposure further. 

A DUI can also reach past the courtroom and the DMV. Under Business and Professions Code section 490, a state licensing board may discipline a license only when the offense is substantially related to the profession, so a single DUI does not automatically cost you your license. But many boards, especially in health care, treat an alcohol-related offense as a possible warning sign, some require you to report a conviction within a set time, and repeat or aggravated offenses draw far more scrutiny. And for anyone whose job depends on driving, the license suspension itself can be the greater threat. If you hold a professional license, tell us early so we can defend the criminal case and the DMV action with your license in mind.

We go deeper into the discussion of first offense penalties and professional licenses in our other pages.

Talk to a Contra Costa DUI Lawyer Before the 10 Days Run Out

The first week after a DUI arrest decides what happens to your license. Contact the Law Offices of Johnson & Johnson in Walnut Creek for a free, confidential consultation. We will get the DMV request in on time and start the criminal defense for drivers across Contra Costa County and the Bay Area.

Frequently Asked Questions

How long do I have to request a DMV hearing after a DUI arrest in California?

You have 10 days. To get a hearing before the suspension takes effect, the request must reach the DMV within 10 days of your receiving the order of suspension. That order doubles as a temporary license for 30 days.

Will a reduced charge in criminal court save my driver’s license?

Not by itself. The DMV treats a reduction from DUI to reckless driving as separate from the administrative action and says it does not affect the suspension. An acquittal is different. It requires the department to reinstate your driving privilege.

How long is the license suspension for a first DUI in California?

For a driver 21 or older, four months if you have no qualifying prior offense or administrative determination in the previous 10 years, and one year if you do. A driver under 21 who registers 0.01% or more faces at least one year. Either suspension ends early if you are convicted of a violation arising out of the same occurrence, are eligible for a restricted license, install a certified ignition interlock device, and meet the other statutory conditions. That relief dates to 2019.

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DUI Defense
A California DUI starts two separate cases: a criminal case in Contra Costa County Superior Court and a DMV case against your license. To get a hearing before the suspension takes effect, you must ask the DMV within 10 days of receiving the order of suspension.

Bay Area DUI Defense Backed by Three Decades in Contra Costa Courtrooms

The Law Offices of Johnson & Johnson has defended drivers across Contra Costa County since 1993. A California DUI arrest starts two separate cases: a criminal case filed by the district attorney, and a separate DMV process that can suspend your driving privileges regardless of what happens in court. Peter Johnson leads the DUI practice and belongs to the National College for DUI Defense and the California DUI Lawyers Association. We handle both cases from day one, and you work directly with an attorney. Start with DUI basics if you are still sorting out what you face and then talk with a Contra Costa County criminal defense attorney about your options.

Why Contra Costa Drivers Trust Johnson & Johnson

A DUI arrest creates two urgent problems: a criminal prosecution that can bring fines, probation, and jail, and a separate DMV process that can restrict your driving privileges. Choosing counsel means looking beyond years in practice to DUI-specific training, courtroom readiness, direct attorney involvement, and the ability to handle both proceedings together.

  • DUI defense experience dating to 1993: Peter Johnson leads the firm’s DUI practice and has defended California clients for more than 30 years. He is the author of California DUI Defense, a leading legal reference guide for attorneys.
  • A substantial firmwide trial record: The firm has handled more than 2,000 cases, including over 150 jury trials and 300 court trials.
  • Both proceedings addressed: We handle the DMV license hearing and the criminal DUI case together.
  • Direct attorney access: You work with an experienced attorney, not a junior associate.
  • Contra Costa County experience: The firm regularly appears in county courts and represents clients whose cases proceed in Martinez, Richmond, or Pittsburg.

The first 10 days are critical because the DMV hearing is not automatic; it must be requested on time. Once that deadline is met, effective DUI defense requires coordinated attention to the stop, arrest, chemical testing, license proceeding, and criminal charge. Johnson & Johnson’s DUI-specific experience and trial preparation address the case on both fronts.

Two Cases Start the Day You Are Arrested

The two cases run on different clocks.

The criminal case belongs to the Contra Costa County District Attorney. If you are held in custody, California law requires that you be taken before a magistrate without unnecessary delay and, in any event, within 48 hours of arrest, excluding Sundays and holidays. If that clock runs out while court is not in session, it extends to the next session. That appearance is the arraignment.

The license case belongs to the DMV. The officer takes your license and hands you an order of suspension that doubles as a temporary license for 30 days from the arrest date. To get a hearing before the suspension takes effect, you or your attorney must ask the DMV within 10 days of receiving that order. Waiting is among the costliest mistakes we see.

What the DMV Hearing Can and Cannot Do for You

The DMV hearing is a civil proceeding about your driving privilege, independent of guilt or innocence. Knowing its limits separates a plan from false hope:

  • It is narrow. State law limits a chemical-test hearing to three questions: reasonable cause, lawful arrest, and whether you drove at 0.08% or more.
  • It will not get you a restricted license. The DMV says a restricted license request cannot be considered at the hearing.
  • A reduction to reckless driving does not undo it. The department says a courtroom reduction does not affect the suspension.
  • The length is set by statute. A first occasion with no qualifying prior in 10 years carries a four-month suspension. A qualifying prior makes it one year.
  • An interlock can end it early. Either suspension terminates if you are convicted of a violation arising out of the same occurrence, are eligible for a restricted license, install a certified ignition interlock device, and meet the other statutory conditions. That relief dates to 2019, and a 2025 law extended it to 2033.

We treat the hearing as strategy, not paperwork. The state guidance on DUI license actions confirms how separate the two tracks are after a DUI arrest.

Are DUI Checkpoints Legal in California?

Yes, but only within limits. California allows sobriety checkpoints, but in Ingersoll v. Palmer the California Supreme Court set out the factors a checkpoint must meet to be constitutional. Among the most important are:

  • Supervising officers, not officers in the field, must decide when and where the checkpoint operates
  • Drivers must be stopped by a neutral formula, such as every third or fifth car, rather than an officer’s hunch
  • The location, timing, and safety measures must be reasonable
  • The checkpoint must show its official nature through clear signs, lighting, and uniformed officers
  • Each stop must be brief
  • The checkpoint is normally publicized in advance

Drivers are also generally free to turn away before reaching a checkpoint and cannot be stopped simply for avoiding it. When police depart from these requirements, the stop and any evidence that came from it can be challenged.

The Charges, the Testing, and the Evidence We Attack

Prosecutors usually file two counts under California’s drunk driving statute: driving under the influence, and driving at 0.08% or more alcohol by weight in the blood. The threshold drops to 0.04% for a commercial vehicle and for a driver carrying a passenger for hire. If someone other than the driver is injured, prosecutors can charge under the injury statute, which also requires proof of an unlawful act or neglected duty that proximately caused it.

The evidence behind those numbers is where many cases are won or lost:

  • The reason for the stop. Unlawful stops can result in evidence being inadmissible.
  • Field sobriety testing, which is subjective and often given at night on uneven ground.
  • The roadside preliminary alcohol screening device, which the Vehicle Code treats as a field sobriety test and which the officer must tell you that you may refuse. Different rules apply under 21 and on DUI probation.
  • The evidentiary breath or blood test: calibration and maintenance records, sample handling, and lab analysis.
  • Whether the refusal advisements were given, since a refusal carries a one-year suspension, a two-year revocation with one qualifying prior in 10 years, and a three-year revocation with two or more.

A first-offense conviction alone can mean jail of 96 hours to six months and a fine of $390 to $1,000, and a later offense within 10 years raises the exposure further. 

A DUI can also reach past the courtroom and the DMV. Under Business and Professions Code section 490, a state licensing board may discipline a license only when the offense is substantially related to the profession, so a single DUI does not automatically cost you your license. But many boards, especially in health care, treat an alcohol-related offense as a possible warning sign, some require you to report a conviction within a set time, and repeat or aggravated offenses draw far more scrutiny. And for anyone whose job depends on driving, the license suspension itself can be the greater threat. If you hold a professional license, tell us early so we can defend the criminal case and the DMV action with your license in mind.

We go deeper into the discussion of first offense penalties and professional licenses in our other pages.

Talk to a Contra Costa DUI Lawyer Before the 10 Days Run Out

The first week after a DUI arrest decides what happens to your license. Contact the Law Offices of Johnson & Johnson in Walnut Creek for a free, confidential consultation. We will get the DMV request in on time and start the criminal defense for drivers across Contra Costa County and the Bay Area.

Frequently Asked Questions

How long do I have to request a DMV hearing after a DUI arrest in California?

You have 10 days. To get a hearing before the suspension takes effect, the request must reach the DMV within 10 days of your receiving the order of suspension. That order doubles as a temporary license for 30 days.

Will a reduced charge in criminal court save my driver’s license?

Not by itself. The DMV treats a reduction from DUI to reckless driving as separate from the administrative action and says it does not affect the suspension. An acquittal is different. It requires the department to reinstate your driving privilege.

How long is the license suspension for a first DUI in California?

For a driver 21 or older, four months if you have no qualifying prior offense or administrative determination in the previous 10 years, and one year if you do. A driver under 21 who registers 0.01% or more faces at least one year. Either suspension ends early if you are convicted of a violation arising out of the same occurrence, are eligible for a restricted license, install a certified ignition interlock device, and meet the other statutory conditions. That relief dates to 2019.