What Happens After a DUI Arrest in California

Reviewed by Ron Chini, Esq. · CA State Bar No. 263308 · DUI defense attorney in Irvine, CA since 2009.
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A DUI arrest in California feels like the end of the road, but it is really the start of a process — one you can take in clear, manageable steps. The most important thing to understand right away is that one arrest opens two separate cases: a criminal case in court and a separate case with the DMV about your driver's license. They run on different clocks, and one of those clocks is already ticking. This page walks you through what happens next and what to do now. (Our DUI defense pages are DRAFT content pending attorney review.)

Right after the arrest: booking and release

After a DUI stop, you are typically taken to a police station or county jail, booked, and held until you are sober and processed. For a first-time misdemeanor DUI, most people are released within a few hours — on their own recognizance (a written promise to appear), or after posting bail. You will usually leave with two important pieces of paper: a citation or notice telling you when to appear in court, and a pink temporary license (the officer keeps your physical license).

That pink paper is also your Notice of Suspension from the DMV. It generally lets you keep driving for 30 days after the arrest (DRAFT — verify), and it starts the most urgent deadline in your whole case.

The two cases you now face

This is the part that surprises most people. A single DUI arrest triggers two completely separate proceedings that do not wait for each other and do not share a result:

• The criminal case — filed by the prosecutor in court. This is where charges (typically Vehicle Code §23152(a) and §23152(b)) are decided, and where any fines, DUI classes, probation, or jail would come from. (DRAFT — verify code sections.)
• The DMV case — an administrative matter about your driving privilege only. The DMV does not decide guilt; it only decides whether your license gets suspended. This is sometimes called an "Administrative Per Se" or APS action.
• These tracks are independent. Winning one does not automatically win the other, and to keep driving with no interruption you generally need a good outcome in both.

The 10-day DMV deadline — act first

Here is the deadline that cannot be missed. You generally have only 10 calendar days from the date of arrest — weekends and holidays included — to ask the DMV for a hearing (DRAFT — verify). If you request it in time, the suspension is put on hold and you can keep driving while the hearing is pending. If you miss it, the right to a hearing is usually gone and the suspension takes effect automatically around day 30 (DRAFT — verify).

Because this clock starts immediately and runs fast, the DMV hearing is almost always the first move in a DUI case. We explain that step in detail on our DMV hearing page — and Ron's office can request the hearing for you.

The criminal court steps

The court side moves more slowly and unfolds in stages. You do not have to navigate any of these alone — in many first-time misdemeanor DUI cases your attorney can appear for you for most hearings, though for a DUI the court can still require you to be present for arraignment, plea, or sentencing.

• Arraignment — your first court date, generally a few weeks to about a month or two after the arrest (DRAFT — verify timing). The charges are read, a plea of "not guilty" is normally entered to preserve your options, and the defense receives the prosecution's evidence ("discovery").
• Pretrial conferences & motions — usually the longest phase. Your attorney reviews the police reports, breath/blood results, and bodycam, and can file motions to challenge the stop, the testing, or to suppress evidence. Most DUI cases are resolved here through negotiation rather than trial.
• Plea or trial — if a fair resolution is reached, the case ends with a plea. If not, the case goes to trial, where the prosecution must prove the charge beyond a reasonable doubt.

Rough timeframes and likely penalties

Every case is different, but as a general guide: the DMV deadline is 10 days, the first court date typically lands within a month or two, and the full case is commonly resolved in a few months to around a year (DRAFT — verify). A first-time misdemeanor DUI conviction in California generally carries fines and fees, a DUI education program (often around 3 months for a standard first offense), probation, and a license suspension — with jail possible but frequently avoided in favor of probation on a first offense (DRAFT — verify all figures).

None of this is automatic. Outcomes depend heavily on the facts, the evidence, and how the case is handled — which is exactly why the early steps matter so much.

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Ron Chini, Esq.

DUI Defense Attorney · CA State Bar No. 263308

Ron has focused on DUI and criminal defense from his Irvine office since 2009. You work directly with him — not a paralegal or a call center.

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