Stages In A San Diego DUI Case


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


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!)

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