What Happens After a DUI Arrest in California

What Happens After a DUI Arrest in California

By ALL Trial Lawyers

If you were arrested for DUI in California this week, you are not alone — and you are not out of options.
California averages roughly 125,000 DUI arrests per year
(California DMV Annual Report of the California DUI Management Information System),
and the procedural rules that govern your case are the same whether you were stopped on the 405, the 91,
or a side street in Newport Beach.

This guide walks you through exactly what happens next — and what to do at each step — so you can make
informed decisions in the narrow window where they actually matter.

At ALL Trial Lawyers, we have handled
10,000+ criminal and dependency matters across Southern California, including DUI defense out
of our 11 SoCal offices. Founder

Mohammad “Mo” Abuershaid is a former Orange County Public Defender. Our 24/7 line is
(866) 811-4255.

The Two Clocks: 10 Days and Arraignment

The biggest mistake people make after a DUI arrest is assuming “court” is the only thing that matters. It isn’t.

A California DUI triggers two parallel proceedings:

1. The DMV “Admin Per Se” (APS) action — an administrative case that decides whether your
   license gets suspended. You have 10 calendar days from the date of arrest to request a
   hearing. Miss it, and the suspension takes effect automatically on day 30.
2. The criminal case — filed by the District Attorney in superior court. Your first
   appearance (the arraignment) is typically within a few weeks of arrest, depending on
   whether you were released on cite, on bail, or held in custody.

These two cases use different burdens of proof, different rules of evidence, and different
decision-makers. You can win one and lose the other. You can also win both — but only if you defend
both.

The 10-day rule is the single most time-sensitive deadline in California DUI defense. If you do nothing else
this week, request the DMV hearing in writing.

Step 1: The First 24 Hours

You have probably already been released — most first-time DUI arrestees are released on a written promise to
appear, on bail, or on their own recognizance.

Do this immediately:

• Write down everything you remember, in order: the time of the stop, what the officer said,
  what tests they asked you to perform, what you ate or drank and when, any medications, your last meal,
  whether you were given the choice between breath and blood, and the exact words of any admissions. Memory
  fades fast. This document becomes a defense roadmap.
• Locate the pink/yellow paper the officer handed you — usually titled
  “Age 21 and Older Officer’s Statement” (DS 367 or DS 367M). It serves as your
  temporary 30-day license and contains the deadline language for the DMV hearing.
• Do not post about the arrest on social media. Not a vague reference, not a meme, not a
  “rough night” caption. Prosecutors pull social media. So do insurance carriers in any related civil case.
• Do not call the arresting officer or the station “to clear things up.” Anything you say
  will be added to the report.

Step 2: Request the DMV Hearing (Within 10 Days)

This is the step almost everyone gets wrong on their own.

Within 10 calendar days of the arrest, you (or your attorney) must contact the
DMV Driver Safety Office that covers the location of your arrest and request an
APS hearing. You should also request:

• A stay of the suspension until the hearing is held (almost always granted).
• An in-person hearing rather than a phone hearing (in-person allows for stronger cross-examination).
• Discovery — the police report, the breath/blood results, the calibration logs for the
  testing device, and the officer’s sworn statement.

The DMV hearing is not a trial. It is run by a DMV employee (the hearing officer) who is
both prosecutor and judge. The standard of proof is “preponderance of the evidence” — far lower than the
“beyond a reasonable doubt” standard in the criminal case. But the hearing is winnable on three core issues:
(1) was there reasonable cause to stop; (2) was the arrest lawful; and (3) was the BAC actually 0.08% or
above at the time of driving (not just at the time of testing).

If you are arrested in Orange County, Los Angeles, Riverside, San Bernardino, or Ventura, our
Southern California criminal defense team
can file the request and appear at the hearing on your behalf — usually without you needing to attend.

Step 3: Misdemeanor or Felony? Understanding the Charge

Most California DUIs are charged under
Vehicle Code §§ 23152(a) and 23152(b) — driving under the influence and driving with a BAC
of 0.08% or higher.

Your DUI is likely a felony if any of these apply:

• Injury to another person (Vehicle Code § 23153)
• A fourth DUI within 10 years
• Any prior felony DUI on your record
• A death resulting from the driving (which can escalate to vehicular manslaughter or, in
  egregious cases, second-degree murder under the Watson doctrine)

Aggravating factors that don’t automatically make it a felony but do increase penalties: BAC of 0.15% or
higher, refusal to submit to chemical testing, DUI with a child under 14 in the vehicle, or excessive speed
(20+ mph over on surface streets, 30+ mph on freeways).

If your arrest involved an accident with injuries, you may be facing both criminal charges
and a civil injury claim from the other driver. Our
personal injury team regularly coordinates
with our criminal defense team in these dual-exposure cases.

Step 4: The Arraignment and What Comes After

The arraignment is your first court appearance. Three things happen:

1. The judge formally tells you the charges.
2. You enter a plea — almost always “not guilty” at this stage, regardless of the underlying
   facts. Pleading guilty at arraignment closes off every defense and every negotiation lever you have.
3. The court sets the next date — typically a pretrial conference and then either a motion
   hearing, a plea, or a trial.

In most misdemeanor DUIs, your attorney can appear for you under Penal Code § 977(a) so you
don’t have to take time off work. In felony DUIs, your personal appearance is required.

Between arraignment and trial, your defense team will:

• Subpoena the CHP-202 / DUI investigation report, the dispatch audio, and any in-car or
  body-worn camera video.
• Request calibration and maintenance records for the breathalyzer (PAS or evidential).
• Review the 15-minute observation period before any breath test — a frequent source of
  suppression motions.
• File § 1538.5 suppression motions if the stop or arrest was unlawful.
• Negotiate with the DA — many first-time DUIs can be reduced to a “wet reckless” (Vehicle
  Code § 23103.5) or, in the right facts, a dry reckless or even dismissed.

Step 5: Penalties — What’s Actually on the Table

For a first-time misdemeanor DUI with no aggravators, the statutory range is roughly:

• 3-5 years informal probation
• A 3- or 9-month DUI program (depends on BAC)
• 6-month license suspension (criminal court) layered with the DMV’s separate suspension
• Fines and assessments commonly totaling $1,800–$3,000
• Up to 6 months in county jail (rarely imposed for a first offense without aggravators)
• Mandatory ignition interlock device (IID) for a period set by Vehicle Code § 23575.3

Penalties scale aggressively with each prior. A fourth DUI within 10 years is a felony
exposing you to state prison.

After successful completion of probation, many DUI convictions are eligible for
expungement under Penal Code § 1203.4. See our
California expungement page
for the eligibility framework.

Frequently Asked Questions

We have 11 Southern California offices, 10,000+ matters handled,
75+ trials, and 150+ preliminary hearings behind us. Our founder is a
former Orange County Public Defender. We answer the phone at 2 a.m. because that’s when the call usually
comes.

WE SHOW UP.

This article is for general information and is not legal advice. Reading it does not create an attorney-client
relationship. Every DUI case is fact-specific — call us for a confidential consultation.