What Happens After a DUI Arrest in California?

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A DUI arrest in California begins both a criminal court process and a separate administrative process with the California Department of Motor Vehicles (DMV). Understanding what typically happens after an arrest can help you prepare for the steps ahead.

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After the Arrest

A person arrested for DUI is generally taken to jail. In many cases, the individual is held until they are considered sober enough to be released. Depending on the jail and the circumstances of the arrest, bail may be set, allowing the person to post bail for release.

After being released, individuals will typically need to retrieve their vehicle if it has been impounded.

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Your Temporary Driver's License

Following a DUI arrest, law enforcement will generally issue a pink temporary driver's license after taking the person's California driver's license.

This temporary license explains that there is a limited period to request a DMV Administrative Per Se (APS) hearing. If a hearing is not requested within the required timeframe, the DMV may suspend the person's driving privilege according to California law.

Because the deadlines are short, acting promptly is important.

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Your Court Date

After a DUI arrest, you will also receive a citation or notice to appear in court. This document includes your scheduled court date.

You must appear on that date unless an attorney is legally permitted to appear on your behalf.

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Potential Consequences of a DUI Conviction

If a person is ultimately convicted of DUI, the consequences may include:

• Attendance at a DUI education program
• Increased automobile insurance requirements
• Court fines and fees
• Possible jail time
• Installation of an Ignition Interlock Device (IID), when required by law

The specific penalties depend on the facts of the case, including whether it is a first, second, or subsequent DUI offense.

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Understanding the Criminal Process

Many people expect a DUI case to proceed like a traffic citation. However, DUI cases are criminal misdemeanor prosecutions, and the process is different.

For example, law enforcement officers are generally not required to appear in court until the case is scheduled for trial. During the earlier stages of the case, the prosecutor is responsible for handling the prosecution.

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Why Early Legal Representation Matters

Contact a DUI attorney soon after an arrest. Early legal representation may help ensure important deadlines such as requesting a DMV Administrative Per Se hearing are not missed and that your legal rights are protected throughout the process.