So, you’ve been arrested for DUI in California. Maybe it was a bad decision, maybe it was bad luck, maybe both. Either way, you’re now living a scene that starts with flashing lights and ends with handcuffs, paperwork, and a pounding sense of “What now?”
The short answer is a lot. California’s DUI process has more moving parts than a Rube Goldberg machine, and if you’re not careful, you can make it worse without realizing it. Let’s walk through exactly what happens after a DUI arrest, from the moment the cuffs click to the moment you hopefully get your license back.
Step 1: The Traffic Stop
It usually starts with a traffic violation. Maybe you rolled through a stop sign, drifted in your lane, or had a taillight out. The officer approaches, asks a few questions, and starts looking for signs of impairment such as odor of alcohol, slurred speech, red eyes, fumbling with documents, or the dreaded “glazed look.”
If the officer suspects impairment, you’ll likely be asked to perform field sobriety tests or blow into a Preliminary Alcohol Screening, PAS, device.
You can legally refuse field sobriety tests if you’re over 21, but if you’re lawfully arrested, you’re required under California’s implied consent law to take a chemical test, breath or blood. Refusal at that point triggers an automatic one-year license suspension even before you go to court.
Step 2: The Arrest
If the officer believes there’s probable cause, you’re arrested and taken into custody. This is where your rights officially kick in. You’ll be read your Miranda rights, fingerprinted, and booked.
You’ll usually spend a few hours in a local jail or holding cell before being released, often once your BAC drops below .08 or when you can post bail. For first-time offenders, bail is rarely required unless there was an accident or prior DUI.
You’ll receive two key documents before leaving:
1. A temporary license, a pink form, which replaces your confiscated driver’s license.
2. A DMV notice, informing you that your license will be automatically suspended in 30 days unless you request a hearing.
That hearing request is your first critical deadline.
Step 3: The 10-Day Rule
From the date of your arrest, you have 10 calendar days to contact the California DMV and request an Administrative Per Se, APS, hearing. If you don’t, your license suspension automatically begins after 30 days.
This hearing is separate from your criminal case. Think of it as the DMV deciding whether you can keep driving while your court case plays out. Most people hire an attorney at this point because the DMV process can be confusing and highly procedural.
If you win your hearing, you keep your driving privileges until your criminal case concludes. If you lose, your license is suspended, though you may qualify for a restricted or ignition interlock license.
Step 4: The Court Process
Within a few weeks, you’ll receive a court date for your arraignment. This is where you’ll hear the formal charges and enter a plea of guilty, not guilty, or no contest.
If you hire an attorney, they can often appear on your behalf, especially for a misdemeanor DUI. Your attorney will review the police report, calibration records for the breath machine, bodycam footage, and any possible violations of procedure.
California prosecutors must prove two things:
• You were driving.
• You were under the influence or had a BAC of .08 percent or higher.
Your attorney’s job is to challenge one or both of those points or negotiate a lesser charge such as wet reckless, a reduced DUI that still counts as a prior if you reoffend.
Step 5: DMV Suspension vs. Criminal Penalties
Here’s the confusing part, California runs two separate systems for DUI punishment.
1. DMV, Administrative. Focuses on your right to drive. This is where the APS hearing and license suspension happen.
2. Criminal Court. Focuses on punishment. This includes fines, probation, possible jail time, and mandatory DUI programs.
Even if the court dismisses your criminal DUI, the DMV can still suspend your license. Likewise, beating the DMV hearing doesn’t automatically get you out of court trouble.
Step 6: The Penalties
For a first-offense DUI in California, here’s what you’re typically looking at:
• License suspension, 4 months or longer if you refused testing.
• Fines and fees, $1,500 to $2,500 after court costs.
• DUI school, 3 to 9 months depending on your BAC.
• Probation, 3 years with mandatory abstention from alcohol while driving.
• Ignition interlock device, IID, often required for up to 6 months under California’s statewide IID program.
If there was an accident, injury, or prior conviction, the penalties increase fast with more jail time, longer suspension, and higher fines.
Step 7: Getting Back on the Road
Once you’ve served your suspension, you can usually apply for a restricted license or IID-restricted license.
• Restricted license, allows driving to and from work or DUI school.
• IID license, lets you drive anywhere, as long as you blow clean before starting the car.
To qualify, you’ll need to:
• Enroll in a state-approved DUI program.
• File an SR-22 insurance form, proof of financial responsibility.
• Pay reinstatement fees to the DMV.
If you comply with all conditions and keep your record clean, your full license can be reinstated after the suspension term.
Step 8: The Financial Fallout
The financial hit of a California DUI adds up fast:
• Court fines and fees, up to $2,500.
• Increased insurance rates, $3,000 to $5,000 per year.
• DUI school, $500 to $1,800.
• IID installation and maintenance, $70 to $100 per month.
• DMV reinstatement and attorney fees.
All in, the average cost of a first-time DUI in California is around $10,000. That’s not counting missed work or lost job opportunities.
Step 9: Long-Term Consequences
A DUI stays on your criminal record for 10 years in California. It also counts as a prior during that time, meaning a second offense within a decade carries steeper penalties.
You may also face:
• Travel restrictions, some countries deny entry for DUI convictions.
• Background check issues for jobs or housing.
• Insurance surcharges that last several years.
Step 10: What You Can Do Now
Here’s what to do immediately after a DUI arrest:
1. Mark the 10-day DMV deadline on your calendar and request a hearing.
2. Hire a qualified DUI attorney. They can represent you at the DMV and in court.
3. Document everything. Write down details from your arrest while they’re fresh.
4. Start a DUI program early. It can show good faith in court.
5. Stay off social media. Don’t post about your arrest, prosecutors can and do check.
The Bottom Line
Getting arrested for DUI in California isn’t the end of the world, but it’s a wake-up call. The process is stressful, expensive, and loaded with deadlines, but it’s navigable if you act quickly and smartly.
Remember, the most important things are to protect your license, show responsibility, and never repeat the mistake. California’s system is built to punish, but also to rehabilitate. Use it to your advantage.
Key Takeaways
• You have 10 days from your arrest to request a DMV hearing.
• California has both criminal and DMV processes for DUI.
• A first offense usually means fines, DUI school, probation, and a 4-month license suspension.
• IID devices can help you keep limited driving privileges.
• The total cost of a DUI can exceed $10,000.
Sources:
California DMV – Administrative Per Se Law
California Vehicle Code Sections 23152 and 13353
California Courts – DUI Penalties and Procedures