A DUI arrest in California triggers two separate processes at once, and only one of them happens in criminal court. The other runs through the California DMV and can suspend your license before you ever set foot in a courtroom. Understanding both and acting on the right deadlines is what the first 10 days are really about.
The DMV gives a driver 10 days after receiving a suspension or revocation order to request an Administrative Per Se (APS) hearing. Attorney Vincent Maher has conducted more than 100 jury trials, and early review of your paperwork can help identify the deadlines and factual issues that matter most.
The First 10 Days After a Fairfield DUI Arrest
Those first 10 days can determine whether you have any opportunity to challenge DMV action before a suspension takes effect. Start by reading every document you received at release: the temporary driving document, the suspension or revocation notice, the citation, and any paperwork listing a court date. Write down what happened from the traffic stop through release, including times, locations, statements, tests, and the names of any witnesses.
Information to preserve:
- Arrest Timeline: Record when the traffic stop, field sobriety tests, arrest, chemical test, and release occurred.
- Testing Details: Note whether the test was breath or blood, the reported result, and whether a preliminary alcohol screening test (a roadside breath test often administered before arrest) was used.
- Official Paperwork: Save the citation, notice of suspension or revocation, release papers, tow records, and court date notice.
- Potential Evidence: Note nearby cameras, passengers, witnesses, medical issues, and any personal video or phone records that may be relevant.
Don’t assume your court date resolves the DMV deadline. A driver who wants an APS hearing generally needs to request it within 10 days of receiving the order, though the exact deadline can depend on the circumstances of the arrest.
The DMV Process & What an APS Hearing Decides
The APS process addresses your driving privilege only. It has nothing to do with criminal guilt. The California DMV can impose administrative sanctions entirely independent of what happens in criminal court.
At an APS hearing, the issues typically include whether the officer had reasonable cause to believe you were driving under the influence, whether the arrest was lawful, and whether the chemical test results met the applicable standard. The DMV may also consider an alleged refusal or failure to complete required testing, and any alleged violation of DUI probation.
License consequences vary considerably. Test results, an alleged refusal, age, prior DUI offenses, probation status, and the circumstances of the arrest all affect whether a suspension or revocation is imposed and what restrictions (including an ignition interlock device) may be available.
The Criminal Case in Solano County Superior Court
The criminal case proceeds separately through Solano County Superior Court. The Criminal Division is located at the Hall of Justice at 600 Union Avenue in Fairfield, which handles most criminal filings and proceedings. Some hearings may be scheduled at the Law and Justice Center at 530 Union Avenue. Always confirm the date and location on your court notice rather than assuming.
The arraignment is your first formal court appearance: the charge is read, a plea is entered, and the court may address custody or release conditions and set future dates. Our DUI attorneys can appear with you at this stage and assess what the charging document alleges. What comes next depends on the charge itself, the available evidence, and whether the case is filed as a misdemeanor or felony.
The DMV hearing and the criminal case may share some of the same underlying facts, but they serve different purposes and follow different procedures. A DMV decision doesn’t automatically determine the outcome of the criminal charge, and a favorable court outcome doesn’t automatically erase a DMV action.
What Happens Before the Case Is Resolved
Before a case is resolved, we may examine whether the traffic stop was justified, what the officer observed, how field sobriety tests were administered, and whether the arrest report accurately describes the encounter. Chemical test records (including calibration, collection, handling, and reported results) may also require careful review, along with legal questions surrounding the arrest procedure and the evidence the prosecution intends to use. These reviews identify issues that can affect negotiations, motions, and trial preparation.
The timeline gets more complicated when a case involves prior DUI convictions, an alleged injury, a high test result, a refusal allegation, DUI probation, or drug-related allegations. Some cases resolve through an agreement; others require motions, additional hearings, or a jury trial.
What to Do While You Wait for the Next Step
Keep every DMV and court document in one file, including envelopes, notices, receipts, and release paperwork. Confirm your next court date, follow any release conditions, and don’t drive unless you’re clear on your current license status and any restrictions.
Avoid discussing the facts of your arrest with friends, coworkers, or on social media. Statements made outside of confidential communications with defense counsel can create serious problems later, even when the person making them believes they’re just providing context.
Start with the Deadlines & Documents
A missed APS hearing request can cost you your driving privileges. A missed court date creates a separate set of problems. Acting promptly doesn’t mean assuming the worst. It means making informed decisions with your full arrest paperwork and a clear picture of the two parallel processes you’re navigating.
The Maher Law Group, APC offers free and confidential consultations for people facing DUI charges in Fairfield and the surrounding counties. To discuss your DMV notice, court date, and available next steps, contact our team at (888) 744-3057.