One of the most frustrating phone calls I receive goes something like this:
“My DUI case got dismissed.”
“So why did the DMV still suspend my license?”
It’s a fair question.
Most people assume that if the criminal case goes away, everything else disappears with it.
Unfortunately, that’s not how California’s DUI system works.
The criminal court and the DMV are actually two separate systems, each with its own rules, deadlines, and standards of proof.
That means it’s entirely possible to win one and lose the other.
Two Different Cases Happening at the Same Time
After a DUI arrest, most people are actually dealing with two separate proceedings.
The first is the criminal case in court.
This is where the prosecutor decides whether to file charges, negotiate a plea bargain, or dismiss the case.
The second is the DMV Administrative Per Se (APS) hearing.
Its purpose isn’t to determine whether you committed a crime. Instead, the DMV is deciding whether your driving privilege should be suspended.
Although both cases arise from the same arrest, they operate independently of one another.
Why Can the DMV Suspend My License If My Criminal Case Was Dismissed?
Because the DMV isn’t deciding whether you’re guilty of a crime.
Instead, the DMV generally focuses on questions like:
- Did the officer have reasonable cause to believe you were driving under the influence?
- Were you lawfully arrested?
- Were you driving with a blood alcohol concentration of .08% or higher, or did you refuse a chemical test?
Those are different questions than the ones decided in criminal court.
For that reason, the DMV may suspend a license even if:
- The prosecutor rejects the case.
- The charges are dismissed.
- You are found not guilty.
Although it may seem unfair, that’s how California’s system is structured.
How Can Two Government Agencies Reach Different Results?
Think of it this way.
Imagine two referees watching the same football game.
One is deciding whether a player committed a foul.
The other is deciding whether the player should be removed from the game for safety reasons.
They are looking at the same event, but they’re making different decisions under different rules.
The DMV and the criminal court work in much the same way.
The Biggest Mistake People Make
Many people focus entirely on the criminal case and ignore the DMV.
That can be a costly mistake.
After most DUI arrests, you generally have only 10 days to request a DMV hearing.
Miss that deadline, and your license may be suspended automatically, regardless of what eventually happens in court.
I’ve seen people spend months fighting the criminal case, only to discover they lost their license because they never requested the DMV hearing in the first place.
Can Winning One Case Help the Other?
Sometimes.
Evidence developed in one proceeding may become useful in the other.
For example:
- Problems with the traffic stop.
- Issues with chemical testing.
- Witness testimony.
- Video evidence.
However, a favorable result in criminal court doesn’t automatically undo a DMV suspension.
Likewise, winning the DMV hearing doesn’t automatically mean the criminal case will be dismissed.
Each case must generally stand on its own.
Is There Any Way to Get My License Back?
Possibly.
That depends on several factors, including:
- Why the DMV suspended your license.
- Whether you requested a hearing.
- Whether this is your first DUI.
- Whether you’re eligible for a restricted license or ignition interlock device (IID) license.
- Whether additional DMV requirements have been satisfied.
Every case is different, so it’s important to determine exactly why the suspension was imposed before deciding what steps to take next.
Final Thoughts
Many people are surprised to learn that beating a DUI in criminal court doesn’t necessarily restore their driving privileges.
The criminal court and the DMV are separate systems with different purposes and different legal standards.
If your criminal case was dismissed but your license was still suspended, don’t assume something went wrong.
It may simply mean you’re dealing with the second part of California’s DUI process.
Understanding how those two systems work together can help you avoid unnecessary surprises—and make better decisions about protecting your license after a DUI arrest.
Related Articles
At the end of the article, I would add:
Continue Reading:
