A DUI arrest in San Bernardino starts two separate legal clocks running at the same time. The criminal case goes through San Bernardino Superior Court. The DMV administrative hearing determines whether you keep your license while the criminal case is still pending. If you were arrested yesterday or last week, the DMV side has a hard deadline: 10 days from the date of arrest to request a hearing. After that, the suspension is automatic.
Most people who come to our criminal defense firm facing a DUI charge in San Bernardino have never interacted with the criminal court system before. They don't know what can be challenged, what to say to police, or how fast they need to move.
Reviewing the Traffic Stop and the Evidence
The first question in any DUI case is simple: did the officer have a valid reason to pull you over? California law requires that a traffic stop be based on reasonable suspicion of a traffic violation or criminal activity. If that legal foundation was missing, any evidence collected afterward, including the breath or blood test results, can potentially be challenged under the Fourth Amendment.
After the stop itself, we examine the chemical test evidence. A breath test under VC 23152 is only valid if the device was calibrated, the officer completed the required 15-minute observation period before the test, and the test was administered correctly. Blood draws require an unbroken chain of custody from collection through lab analysis. Any documented break in that chain opens a legitimate legal challenge. We have handled DUI cases in San Bernardino County courts long enough to know exactly where the prosecution's evidence tends to fall apart, and we check for those specific weaknesses from the moment we pick up a file.
Handling the DMV Hearing Alongside the Criminal Case
Most people focus on the criminal case and forget about the DMV side entirely until their license is gone. The DMV hearing is separate from the court case, but it has real consequences and it moves faster. Miss the 10-day request window and your driving privileges are suspended without any hearing at all. We request the DMV hearing immediately after you retain us, and we attend the hearing on your behalf.
The DMV hearing also gives us something useful for the criminal defense. It is an early opportunity to get the arresting officer under oath, review their testimony, and test the strength of the prosecution's evidence before the criminal case is even close to trial. What comes out during a DMV hearing can shift how we approach the court proceedings. We manage both sides of the case together from day one because that is how you get the most out of both processes.
Building a Defense Strategy Around the Actual Facts
No two DUI cases are the same. The defense strategy depends entirely on what actually happened: what the traffic stop looked like, how each test was conducted, what the officer's body cam shows, and whether any other evidence changes the picture. There is no generic playbook that applies across cases.
Some defenses center on the chemical test itself, including contesting breathalyzer results when the device was not properly maintained or the blood sample was mishandled. Others turn on the officer's conduct during the stop, the instructions given before field sobriety tests, or whether the stated basis for pulling someone over holds up under scrutiny. Tammy Higgins spent 16 years as a San Bernardino County public defender before opening this firm. She worked inside the same courts and with the same prosecutors she faces in private practice today. That background is not just resume filler. It changes how we read a case file and what we look for before anyone starts building a strategy.
Negotiating a Resolution Versus Going to Trial
Honestly, not every DUI case belongs at trial. If the evidence is strong and the legal issues are limited, a negotiated resolution is sometimes the better outcome, and we will tell you that straight. We are not a firm that runs every case to verdict just to run up fees.
That said, we take cases to trial when that is the right call. Tammy Higgins has tried more than 100 jury trials, including homicide cases. That reputation is known to the prosecutors in San Bernardino County. An attorney whose clients know they will go all the way to a verdict if needed negotiates from a fundamentally different position than one who almost always settles. Our criminal defense work in San Bernardino is built on being genuinely prepared for trial, even in cases that resolve before getting there.
What Comes After a DUI Conviction
A first-offense DUI under VC 23152 typically means fines, DUI school, probation, and a license suspension. A DUI with injury under VC 23153 is a felony carrying potential prison time. Second and third offenses come with mandatory jail and longer suspensions. Results vary by case. Past outcomes do not guarantee future results.
Once probation ends, many clients look at expungement under PC 1203.4. A successful expungement lets most people truthfully answer "no" on job applications that ask about criminal convictions. It does not wipe the DMV record for driving purposes, but it removes the conviction from most background checks. Our post-conviction work covers expungement, resentencing petitions, and record clearing for clients across San Bernardino, Fontana, Ontario, Rancho Cucamonga, and throughout the Inland Empire.
Contact Us
Facing criminal charges can be overwhelming, but you're not alone. At SoCal Criminal Defense Lawyer, we're here to guide you through every step of the legal process with dedication and expertise.
Visit Us: 357 West 2nd St Ste 3-C, San Bernardino, CA 92401
Phone: (949) 776-1552
Hours: Monday to Sunday, Open 24 Hours
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Frequently Asked Questions
Can a DUI charge be dismissed in California? A DUI charge can be dismissed when the traffic stop was unlawful, the chemical test was improperly administered, or the evidence was mishandled before trial. Whether dismissal is possible depends entirely on the specific facts of your case. Results vary by case. Past outcomes do not guarantee future results.
What is the difference between VC 23152 and VC 23153? VC 23152 covers a standard DUI. VC 23153 is a felony DUI charged when the driver caused bodily injury to another person during the offense. The penalties under VC 23153 are substantially more serious and can include state prison time.
What happens if I miss the 10-day DMV hearing deadline? Your license is automatically suspended without any hearing. The suspension takes effect 30 days after the arrest date, and once the deadline passes, the administrative process cannot be reopened.
Can I still drive after a DUI arrest while my case is pending? Your license is not suspended at the moment of arrest. The automatic suspension only kicks in if you miss the DMV hearing deadline or lose the hearing. An attorney can request a stay of suspension and handle the hearing, which keeps your license valid longer while the process plays out.
Will a DUI conviction affect my professional license in California? Some professional licenses in California require disclosure of criminal convictions, and that includes DUI. The impact depends on your specific profession and licensing board. An attorney can advise on how a conviction may affect your license and whether expungement addresses those licensing consequences.
What is the rising BAC defense in a California DUI case? The rising BAC defense applies when your blood alcohol content was below the legal limit while you were driving but continued to rise by the time it was measured. The legal limit under VC 23152 applies to your BAC at the time of driving, not at the time of the test. That timing gap can be a legitimate challenge to the chemical test evidence.
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