Understanding the sequence of events following a DUI arrest can help you make informed decisions and protect your rights during a stressful time.
A DUI arrest in California triggers two separate proceedings: a criminal court case and a DMV administrative action. This guide walks through what happens in the hours and days immediately following an arrest.
A DUI case typically begins with a traffic stop. California law enforcement may pull you over for any traffic violation—or if they observe driving patterns consistent with impairment such as weaving, erratic speed, or failing to maintain a lane.
If an officer suspects impairment, they will likely request field sobriety tests (FSTs). In California, these pre-arrest tests are voluntary—you can refuse without automatic penalties. However, officers may still arrest you based on other observations.
Standard FSTs include:
After arrest, California's implied consent law requires you to submit to a chemical test—either breath or blood. Unlike pre-arrest FSTs, refusing this post-arrest test triggers automatic penalties including a one-year license suspension.
Following arrest and chemical testing, you'll be transported to a local jail or police station for booking. This process includes:
Recording your name, date of birth, address, and other identifying details
Taking fingerprints and a booking photograph (mugshot)
Cataloging and storing your personal belongings
Setting bail amount based on county schedule and circumstances
Depending on your situation, you may be released through several methods:
| Release Type | Requirements | Typical Wait |
|---|---|---|
| Own Recognizance (OR) | First offense, ties to community | 4-12 hours |
| Cash Bail | Pay full bail amount | 2-6 hours after payment |
| Bail Bond | Pay 10% to bondsman | 2-8 hours |
| Cite Out | Minor offense, no aggravating factors | 4-8 hours |
After release, a critical deadline begins. You have only 10 days from your arrest date to request a DMV administrative hearing. Missing this deadline results in automatic license suspension.
Contact the DMV Driver Safety Office to request an Administrative Per Se (APS) hearing. This is separate from your criminal case and determines whether your license will be suspended.
Understanding that a California DUI triggers two separate cases is essential:
For comprehensive information about DUI charges in California, visit our California DUI Defense page.
Understanding your rights is the first step in protecting them.
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