legal lion · raja rafay shahid
If you were arrested for DUI anywhere in Los Angeles County, you are facing two things at once: a criminal case in the Los Angeles Superior Court and a separate DMV case about your license. I handle both, personally.
The DMV hearing: you have 10 days
A DUI arrest starts two separate cases. The criminal case is in court. The DMV case is about your driver’s license, and it moves on its own schedule.
Under the DMV’s Administrative Per Se (APS) process, you can request a hearing within 10 days of receiving the suspension or revocation notice. The hearing looks at whether the DMV’s action is justified, not whether you are guilty of a crime. See the DMV APS fact sheet and Driver Safety Case Management.
If you miss the 10 days, you can lose the chance to challenge the suspension. Call me as soon as you can after the arrest.
The DUI charge: Vehicle Code 23152(a) and 23152(b)
Most California DUI cases are filed under Vehicle Code section 23152. Subdivision (a) makes it unlawful to drive under the influence of alcohol or a drug. Subdivision (b) makes it unlawful to drive with a blood alcohol concentration of 0.08% or more. The two are often charged together for the same stop.
DUI basics from the DMV: California DMV: Driving Under the Influence (DUI).
Your DUI case in Los Angeles Superior Court
A first-time DUI is usually filed as a misdemeanor and starts with an arraignment at the courthouse listed on your paperwork. From there it typically goes to a pretrial conference. A DUI charged as a felony generally goes through a preliminary hearing. The court lists its criminal courthouses online.
What to do after an arrest
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General information, not legal advice. Every case is different, and past results do not guarantee a future outcome.
Legal Lion
Criminal defense in Los Angeles County, Orange County, and Riverside County. Direct representation from Raja Rafay Shahid. Legal Lion was founded in 2020.
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