Stages in a San Diego DUI Case

CALIFORNIA DMV

Stage 1: Request an APS Hearing
MUST be done within 10 days of arrest
• Can be done over the phone
• Request a stay of the temporary drivers license
• Request discovery
• Inform DMV whether hearing will take place in person or over the phone
• Get date and time of hearing

Stage 2: APS Hearing
Administrative Per Se Hearing
• Hearing is before a DMV Hearing Officer
• Hearing officer acts as judge, jury, and prosecutor
• DMV must find:
• Peace officer had reasonable cause to believe you were driving a motor vehicle impaired.
• You were placed under lawful arrest, and
• You were driving a motor vehicle when you had .08% BAC
• Standard of proof is “preponderance of the evidence”
• Much lower standard than “beyond a reasonable doubt” which is used in the superior
court case

SAN DIEGO SUPERIOR COURT

Stage 1: Arraignment
Your First Court Appearance
• Enter a not guilty plea
• Demand discovery
• Set Date for Readiness Conference
• Attorney can appear on your behalf

Stage 2: Readiness Conference
Trial Setting Department (TSD)
• Two weeks after arraignment if no time waiver
• Negotiate the case with the prosecutor
• Make sure discovery is in order

Stage 3: Motions
Hearing on the Motions Filed
• Argue Motion to Suppress
• Argue Discovery Motions
• Review trial strategy
• Subpoena witnesses
• Prepare for trial

Stage 4: Trial
Jury Trial
• Pick a jury (voir dire)
• Opening statements
• Prosecution puts on its case
• Mid trial motions
• Defense puts on its case
• End of trial motions
• Closing arguments
• Verdict (Not Guilty!)