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What Happens After a DUI Arrest in California
Protect your rights following a DUI arrest in California.
Learn What Happens Immediately After a DUI Arrest in California
If you’re arrested for driving under the influence (DUI) in California, what you do next can define your future. At Geller Law, PC, we take action right away to protect your driver’s license, your record, and your future. Our team has years of experience in court, led by well-known defense attorney Sam Geller. We are ready to ensure that you never have to go through this process alone.
We are a criminal defense firm serving San Francisco and the Bay Area. We stand by your side from start to finish. From your arrest to your final court date, we explain your options, build a strong defense, and support you at every stage of your DUI case.
Moreover, we act fast to protect you. We look closely at your case to make sure mistakes, missed steps, or police errors are not used against you. Our goal is simple: to give you peace of mind during a stressful time.
The Immediate Aftermath of a DUI Arrest
When law enforcement arrests you for DUI in California, several things happen in quick order. At Geller Law, PC, we focus on your well-being. We clearly explain each step of the process, so you know what to expect and can make smart, confident choices when it matters most.
You Will Be Taken Into Police Custody
Police transport you to the station or jail. During transport, officers may ask questions about your drinking or where you drove. You have the right to stay silent. Anything you say can be used against you in court. Exercise that right. Do not answer questions beyond basic facts like your name and address.
PRACTICE AREAS
Chemical Testing Happens at the Station
Within a few hours of arrest, you’ll face a critical decision. The officer will ask if you want to take a breath or a blood test. These tests measure your blood alcohol content (BAC). Refusing has immediate legal consequences under California’s implied consent law (Vehicle Code 23612). This law stipulates that any person driving a vehicle is deemed to have consented to chemical testing if lawfully arrested for driving under the influence (DUI).
Your license faces automatic suspension just for refusing, separate from any DUI conviction.
In California, the legal limit is 0.08% for drivers age 21 and up. For drivers under 21, any alcohol is illegal. For commercial drivers, the limit is 0.04%.
You Will Be Booked Into Custody
Officers record your personal details, take photos, and conduct a background check. This “booking” process creates an official arrest record. You get a booking number. Write this down as you will need it to track your case.
Your Rights During Arrest and Booking
You have constitutional rights that apply right away; these are known as the Miranda Rights.
You can stay silent. You have the right to make a phone call. You should ask for a lawyer before answering questions. Police are required to honor this request once you clearly state it. If you cannot pay for a lawyer, you can request a public defender at your first court appearance. Moreover, do not discuss the arrest details with other people in custody. Anything you say may be reported.
How the Legal Process Begins After Arrest
The arrest triggers a specific legal timeline. California law sets strict deadlines for each step. Missing a deadline can hurt your case or your rights.
You Will Appear for Arraignment Within 72 Hours
California law requires your first court appearance, called an arraignment, within 72 hours of arrest. At arraignment, you learn the charges against you. The judge tells you your rights. You enter a plea of guilty, not guilty, or no contest.
Most people plead not guilty at this stage. This does not mean you deny the facts. It means you want time to review evidence and explore your options. Many DUI cases are resolved before trial, but you need time to investigate first.
The prosecutor has to show probable cause that a crime occurred. A police report forms the basis for this. Within days or weeks, the DA’s office decides whether to file formal charges.
Bail or Release Conditions Are Set
At arraignment, the judge decides if you stay in jail or go home. The judge considers factors like your ties to the community, past criminal history, and the strength of the evidence.
The judge might choose one of the following:
- Release you on your own recognizance (OR release). Here you promise to appear in court, no money required.
- Set bail. You pay money to be released; you get it back if you appear in court.
- Deny bail. You stay in custody until trial (rare for first DUI arrests)
- Impose conditions. You are required to follow rules such as no driving, alcohol testing, and electronic monitoring. Violating a court order can result in arrest and jail time. It also damages your credibility with the judge.
You Receive Formal Notice of Charges
The prosecutor files a document called a complaint or information. This lists the specific charges. For a first DUI with no injury, the charge is usually California Vehicle Code Section 23152(b), driving with a BAC of 0.08% or higher
Your Case Is Assigned to a Judge
For misdemeanor DUIs, your case stays in the same court. For felony DUIs—usually involving injury or death—the case may be transferred to a higher court. You will learn which court handles your case at or after arraignment. Write down the court name, case number, and judge’s name.
The Administrative License Suspension
Your driver’s license faces two separate legal processes after a DUI arrest. The first is administrative—handled by the California Department of Motor Vehicles (DMV). The second is criminal—handled by the court. Both affect your driving privileges.
When you are arrested for DUI, the officer takes your physical license and gives you a pink form. This form is your temporary driving permit. It is valid for 30 days from the arrest date.
The DMV process moves fast. You have only 10 calendar days from the date of arrest to request a hearing. This deadline is firm. Missing it means your license suspension takes effect automatically. At this hearing, you can challenge whether the arrest had a legal basis. The hearing officer examines four things.
- Did the officer have probable cause to stop you?
- Did the officer have reasonable cause to think you drove under the influence?
- Were you lawfully arrested?
- Did you refuse or fail a chemical test?
This hearing is not about guilt or innocence in the criminal sense. It’s about your license. The DMV can suspend or revoke your driving rights based on the evidence presented. Even if you lose the DMV hearing, you may still fight the criminal charges in court.
The suspension timeline depends on your test results and prior record. A first-time DUI with a BAC of 0.08% or higher typically means a four-month license suspension. Refusing a test can mean a one-year suspension. These are minimum periods, and the court may impose longer suspensions later.
If the DMV suspends your license, the suspension lengths are:
- First offense: 6-month suspension (or 12 months if you refused testing)
- Second offense within 10 years: 24-month suspension
- Third offense within 10 years: 3 years.
Additional consequences include:
First Offense (within 10 years):
- Fine: $250–$1,000
- Jail: 0–6 months
- DUI School: 3–9 months alcohol program
- Probation: 3–5 years
Second Offense (within 10 years):
- Fine: $500–$2,000
- Jail: 10 days–1 year
- DUI School: 18–30 months program
- Probation: 3–5 years
Third Offense (within 10 years):
- Fine: $1,000–$3,000
- Jail: 120 days–1 year
- DUI School: 30 months program
- Probation: 3–5 years
Fourth Offense (within 10 years):
- Felony charges
- Fine: $1,000–$5,000+
- Prison: 16 months–3 years
- License suspension: 4+ years
The Criminal Court May Impose License Restrictions
If you are convicted of DUI in criminal court, the judge imposes separate license penalties. These may include suspension, restricted driving privileges, or the need for an ignition interlock device. This device tests your breath before the car starts.
In some cases, the judge allows “restricted” licenses. This lets you drive to work, school, or medical appointments during a suspension period. However, you might still have an ignition interlock device installed in your vehicle.
Protect Your Rights with Geller Law, PC
At Geller Law, PC, we do more than handle your case. We stand up for your rights, your name, and your freedom every step of the way.
We keep the process clear and simple. We explain your options in plain language and guide you through each stage. From your arrest and DMV hearing to court dates and required classes, we work side by side with you. We also help you deal with the long-term effects of a DUI.
While no lawyer can promise a certain result, we promise honesty, smart strategy, and strong support from start to finish. If you or someone you care about is facing a DUI charge, don’t wait to get help.
Contact us today for a free consultation.
Frequently Asked Questions
1. What happens right after a DUI arrest in California?
After a DUI arrest, police take you to a station or jail. Officers may ask questions, but you have the right to stay silent. You only need to give basic information like your name and address. At the station, you need to take a breath or blood test to check your blood alcohol level. If you refuse, your license can be suspended right away under California’s implied consent law. Police will then book you by taking your photo, recording your information, and giving you a booking number.
2. What rights do you have after a DUI arrest?
You have the right to remain silent and the right to ask for a lawyer. If you clearly ask for an attorney, the police are required to stop questioning you. If you cannot afford a lawyer, you can ask for a public defender at your first court date. Do not talk about your case with other people in custody, because what you say could be used against you.
3. What happens at your first court date?
You need to go to court within 72 hours for an arraignment hearing. The judge tells you the charges and explains your rights. You will enter a plea, and many people choose “not guilty,” so they have time to review the evidence. The judge will also decide if you can go home, if you have to pay bail, or if you need to follow certain rules while your case is pending.
4. What happens to your driver’s license after a DUI arrest?
The DMV starts a separate process after your arrest. The officer takes your license and gives you a temporary permit that lasts 30 days. You have only 10 days to ask for a DMV hearing. If you miss this deadline, your license will be suspended automatically. A first offense usually leads to a suspension for several months. Refusing a chemical test can lead to a longer suspension. The court may also add more limits if you are convicted.
5. What penalties can you face after a DUI conviction in California?
The penalties for a DUI depend on whether it is your first offense or if you have prior DUIs within the past ten years. A first offense may include fines, possible jail time, DUI classes, probation, and a license suspension. If you have more than one DUI, the penalties become more serious. The court can also limit your driving, suspend your license, or require you to install an ignition interlock device that tests your breath before your car will start.