A DUI arrest can turn your life upside down in a matter of minutes. Beyond the shock and fear, most people are unaware that the most important deadline happens before you ever step into a courtroom.
If you were arrested for DUI in Santa Rosa, understanding the 10-day rule in California DUI cases is critical to protecting your driver’s license and your future. Conway Law is here to help answer your questions and provide expert representation.
A DUI Creates Two Separate Legal Cases
One of the most misunderstood aspects of the Santa Rosa DUI process is that a single arrest triggers two entirely separate cases:
1. The Criminal Court Case
Handled through the Sonoma County Hall of Justice at 600 Administration Drive, this case determines criminal penalties such as fines, probation, DUI classes, or jail time.
2. The DMV Administrative Case
Completely separate from the court, the California DMV controls your driver’s license status—and the clock starts immediately.
Winning or losing one case does not automatically decide the other.
The 10-Day Rule: What It Means
After a DUI arrest, the officer usually confiscates your license and issues a pink temporary license. From that moment, you have 10 calendar days to request a Sonoma County DMV Administrative Per Se (APS) hearing.
If you do nothing, the DMV will automatically suspend your license—even if your court case is still pending.
What Happens at a DMV APS Hearing?
At the APS hearing, the DMV reviews whether:
- The officer had reasonable cause
- You were lawfully arrested
- Your blood alcohol concentration was 0.08% or higher
Unlike criminal court, the DMV uses a lower burden of proof, making early legal intervention critical.
Why Early Legal Representation Matters
A knowledgeable DUI lawyer in Santa Rosa can:
- Request the DMV hearing on your behalf
- Obtain police reports early
- Challenge breath or blood test reliability
- Question whether proper procedures were followed
In some cases, a successful DMV hearing can allow you to keep driving while your court case proceeds.
Local Nuance: Court Appearances at the Hall of Justice
For many misdemeanor DUI cases, an experienced attorney can often appear at the Hall of Justice without requiring the client to be present—especially for early hearings.
This can save you:
- Missed work
- Additional stress
- Public court appearances
Warning: Courthouse “Sting” Operations
A lesser-known local issue involves law enforcement monitoring areas near the courthouse. Individuals who continue driving while their license is suspended may be stopped, cited, or arrested.
Driving on a suspended license can lead to additional criminal charges, significantly complicating your case.
What You Should Do Immediately After a DUI Arrest
- Mark your 10-day deadline
- Do not assume the court handles your license
- Avoid driving until you understand your status
- Speak with our Santa Rosa DUI attorneys immediately
Contact Us Today
The first 10 days after a DUI arrest are often the most important—and the most misunderstood. Taking action early can preserve your driving privileges and strengthen your overall defense.
If you are facing a DUI in Santa Rosa, understanding the separation between the Sonoma County DMV hearing and the criminal court case is essential. Contact us today about your Santa Rosa DUI.