After a DUI arrest in California, two separate legal processes begin at the same time: an administrative case with the DMV and a potential criminal case in court. These processes operate independently, involve different deadlines, and can affect a person’s driver’s license, criminal record, and future driving privileges—even if no court case is ever filed.
This guide explains, step by step, what actually happens after a DUI arrest in California and where legal outcomes are usually decided.
After a DUI arrest, law enforcement typically confiscates the driver’s license and issues a temporary license that is valid for a short period of time. At the same time, chemical testing may occur through a breath test, blood test, or both.
Important records are created at this stage, including arrest reports, body camera or dash camera footage, chemical test results, and observations documented by officers. These records often become central to both DMV and court proceedings.
Separate from any criminal case, the DMV begins an administrative process known as an Administrative Per Se (APS) action. This process determines whether a person’s driving privileges will be suspended.
There is a strict deadline, typically 10 days from the date of arrest, to request a DMV hearing. The DMV focuses on limited issues such as probable cause, test results, and whether proper procedures were followed. A suspension can occur even if no criminal charges are ever filed.
A DUI arrest does not automatically result in criminal charges. Prosecutors may take weeks or months to file a case, and in some situations, no case is filed at all.
If charges are filed, the criminal process may include arraignment, pretrial hearings, evidence motions, negotiations, or trial. The criminal case determines guilt or innocence and potential penalties, which can include fines, probation, programs, or jail time depending on the circumstances.
DUI cases rely heavily on evidence collected shortly before, during, and after the arrest. This evidence may include patrol car dash camera footage, officer body camera video, breath or blood test data, calibration and maintenance records for testing devices, and dispatch logs or timing records.
Some types of evidence are not preserved indefinitely, making early identification and preservation important.
Yes. Even if prosecutors never file criminal charges, DUI evidence may still exist and may still be accessible.
In many situations, evidence can be obtained through DMV administrative proceedings, public records requests, or subpoenas issued through appropriate legal processes. This can be especially important for individuals seeking to challenge a license suspension or understand what occurred during the arrest.
Many DUI cases turn on technical and procedural issues rather than assumptions about impairment. Common areas of scrutiny include the accuracy and reliability of breath testing devices, blood sample handling and chain of custody, timing issues between driving and testing, inconsistencies between reports and video evidence, and statements attributed to drivers during the stop.
These issues may be evaluated differently in DMV hearings and criminal court.
The outcome of a DUI matter often depends on the quality and completeness of the evidence, whether proper procedures were followed, whether deadlines and rights were preserved, and how the administrative and court processes interact.
Because the DMV and criminal systems operate independently, outcomes in one do not automatically control the other.
Ultimately, whether a DUI is worth fighting in California comes down to how much the outcome matters beyond the arrest itself. Because DUI cases involve both criminal court and DMV proceedings, small procedural details often carry outsized consequences. Many cases that appear straightforward on paper become far more nuanced once the stop, testing, and documentation are examined closely. For that reason, the real risk is not in fighting a DUI, but in assuming the result is predetermined before the facts are fully reviewed.
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Skilled counsel can negotiate alternatives such as treatment, electronic monitoring or plea reductions, as discussed in “How To Avoid Jail Time For A DUI”.
Sometimes, a felony DUI can be reduced to a misdemeanor if there are mitigating circumstances or if your lawyer negotiates a plea deal with the prosecutor. This often depends on your criminal history and the specifics of the offense.
Yes, in certain situations. Officers only need to provide Miranda warnings during custodial interrogation - when you're in custody and being questioned. They can ask questions during traffic stops, at crime scenes, or in other non-custodial situations without reading your rights. However, you still have the right to remain silent in these situations.
The right to an attorney is guaranteed by the Sixth Amendment, and if an individual cannot afford one, a public defender will be appointed. Public defenders are often highly skilled, dedicated, and experienced attorneys. The primary challenge they face is an overwhelming caseload, which can limit the amount of time they can devote to any single case. A key structural difference is that a public defender is typically appointed at the arraignment. A significant advantage of hiring a private attorney is the ability to retain them immediately upon suspicion or arrest, allowing them to engage in the critical pre-filing intervention that the PARR study proved has a monumental impact on case outcomes.
Yes, you can contest a DUI charge. Your attorney can challenge the evidence against you, including the accuracy of breathalyzer tests or field sobriety tests, and present evidence that supports your claim of sobriety.
