Over the years, I have talked with many people in the first day or two after their DUI arrest. These conversations are usually emotional and filled with worry. Most people have no idea what to expect and the confusion can make the situation feel worse than it needs to be.
My goal here is to explain what normally happens right after a DUI arrest, so you can understand the steps, the paperwork, and the decisions that come your way during this stressful time.
What Happens Right After the Arrest
After the officer decides to arrest you, you will be taken to a local jail or holding facility. This part is usually simple and routine. Officers will collect basic information, take your fingerprints, and complete their reports.
In most cases, you will be released the same night or the next morning. This depends on the county, the time of day, and how busy the facility is.
You Will Receive a Temporary License
When you are released, you will be given paperwork that acts as your temporary license. This document is important because your physical license is usually taken at the time of arrest.
The temporary license is valid for 30 days unless you schedule a DMV hearing. If you miss the deadline to request the hearing (10 days) a suspension will start automatically.
The DMV Clock Starts Immediately
The DMV process begins the moment you are arrested. You must contact the DMV within 10 days to request a hearing. If you do not request it, the DMV will move forward with a suspension on its own.
I talk to many people who are surprised by how fast this deadline comes. Even though the court date is months away, the DMV moves quickly.
You Will See a Court Date on Your Paperwork
The paperwork you receive will include a court date. This date is usually several weeks or months out. The court process takes much longer than the DMV process.
You do not need to know everything right away. The most important thing is to pay attention to your deadlines and keep your paperwork in a safe place.
Expect a Wide Range of Emotions
The first 48 hours can feel very heavy. Many people tell me they feel embarrassed, scared, angry, or confused. These feelings are normal. Most people do not go through this more than once, so the experience is new and overwhelming.
What helps the most is understanding the steps ahead and taking them one at a time.
Talking With Family or Work
People often worry about what to say to family members or employers. You do not need to explain everything right away. Start with simple facts. Tell them you are handling the next steps and gathering the information you need.
Most employers do not need details until later in the process, and many people never have to tell their workplace at all. Many clients of mine are able to keep it a secret completely.
What To Do First
In the first 48 hours, these steps will help you stay organized and focused.
- Put all your paperwork in one place
- Mark the DMV deadline on your calendar
- Make sure your contact information is correct
- Begin learning the steps of the DUI process
- Reach out for guidance if you feel overwhelmed
These small steps make the rest of the process easier.
What Not To-Do
Some actions can make the situation harder.
- Do not ignore the DMV deadline
- Do not throw away ANY paperwork
- Do not assume everything will fix itself
- Do not isolate yourself from support
The more informed and organized you are, the faster the process becomes manageable.
A Simple Way To Think About the First 48 Hours
- You will be released with important paperwork
- Your temporary license is now active
- The DMV clock has started
- Your court date is set
- Staying calm and organized makes a big difference
The first 48 hours are about understanding the steps ahead, not solving everything at once.
Closing Thoughts
The beginning of a DUI case feels overwhelming for almost everyone. Once you know what happens in the first 48 hours, the situation becomes easier to understand. You can take things one step at a time and move forward with a clearer mind and a stronger plan.
Sources
California Vehicle Code Section 23152 California Vehicle Code Section 13353 (Administrative Per Se Process)
California DMV Administrative Hearing Guidelines Local County Jail Release Procedures