A DUI arrest in California triggers two simultaneous proceedings: a criminal prosecution under Vehicle Code §§ 23152/23153 and an administrative license suspension with the DMV. Demanding an APS hearing within 10 days of arrest is mandatory to preserve driving privileges.
1. Criminal Court vs. DMV APS Proceeding Matrix
| Legal Dimension | California DMV APS Proceeding | LA Superior Court Criminal Case |
|---|---|---|
| Evidentiary Standard | Preponderance of Evidence (51%) | Beyond a Reasonable Doubt (99%+) |
| Hearing Officer | DMV Employee (Non-Judge) | Elected California Superior Court Judge / Jury |
| Primary Penalty | License Suspension (4 Months – 3 Years) | Jail/Prison, Criminal Record, Fines, Ignition Interlock |
| Key Defense Angles | Title 17 calibration violations & lack of probable cause | Rising BAC curve, unconstitutional traffic stop, lab error |