⚖️ DUI Defense• Published: September 2, 2026
California DUI Defense Masterclass: VC 23152, Blood Testing & DMV Hearings
Legal Review: State Bar of California Defense Counsel Directorate • Southern California Trial Bar
Facing a DUI charge in Los Angeles County triggers two separate proceedings: an administrative driver's license suspension by the California DMV and criminal prosecution in Superior Court under California Vehicle Code (VC) § 23152.
1. Two Parallel DUI Proceedings in California
| Proceeding | Jurisdiction / Forum | Standard of Proof | Critical Legal Deadlines |
|---|---|---|---|
| DMV Administrative Per Se (APS) Hearing | California Department of Motor Vehicles Driver Safety Branch | Preponderance of Evidence | Strict 10 Calendar Days from Arrest to Request Hearing & Stay |
| Criminal Court Arraignment & Trial | Los Angeles Superior Court (e.g. Clara Shortridge Foltz, Van Nuys) | Beyond a Reasonable Doubt | Statutory speedy trial rights (30–45 days after arraignment) |
⚖️ The 10-Day Rule is Absolute
Failure to formally request an APS hearing within 10 calendar days of arrest results in an automatic, non-appealable suspension of your California driver's license 30 days after the date of arrest.
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Authored by Los Angeles Criminal Defense & DUI Trial Practice
Our trial team represents clients facing felony, misdemeanor, and DUI allegations throughout Los Angeles County and Southern California. We focus on constitutional suppression motions (PC 1538.5), DMV APS hearings, bail relief, and trial litigation.