A California DUI is typically two cases running at the same time:

1. The criminal court case (prosecution, plea, trial, probation, fines, jail, classes), and
2. The DMV administrative case (your license—suspension, restricted license, reinstatement).

They overlap, but they are not the same case, they use different rules, and you can “win” one and still lose the other. The DMV arena operates completely independently of the Criminal Justice system; the DMV does not have the same rules of evidence, due process guarantees, or timelines as the criminal case and needs to be addressed completely separately. Your attorney should be handling both cases.

A DUI Offender Program is a state-mandated alcohol education and counseling program required in most California DUI and reckless driving cases. These programs are licensed by the California Department of Health Care Services (DHCS) and must be completed through an approved provider. (Be very careful signing up for these–there are plenty of knock-off courses that will take your money and then not be accepted by the DMV/Court).

If you are convicted of a DUI or wet+reckless—completion of the appropriate DUI program is not optional. It is required by law and enforced by both the court and the DMV in every single case.

Criminal Street Gang Allegations in California

An SR-22 is not an insurance policy. It is a certificate of financial responsibility filed with the California Department of Motor Vehicles (DMV) by an insurance company confirming that you carry the minimum liability insurance required by law.

In every DUI case in California the DMV will require a driver to submit an SR-22 before they will reinstate or issue any form of driving privilege after a suspension.

The Felony Murder Rule is a legal doctrine that allows a murder charge to be filed even when the accused did not personally kill anyone, so long as a death occurred during the commission or attempted commission of certain felonies.

In California, this rule still exists—but in a much narrower form than it once did.

The governing statutes are California Penal Code §§189 and 190.2, as significantly amended by Senate Bill 1437.

The Natural and Probable Consequences Doctrine in California