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.
The Traffic Stop (Hour 0)
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 (VC 21658).
What Officers Look For
- Odor of alcohol
- Slurred speech
- Bloodshot or watery eyes
- Fumbling with documents
- Admission of drinking
- Open containers visible
Field Sobriety Tests (Hours 0–1)
If an officer suspects impairment, they will request field sobriety tests (FSTs). In California, these pre-arrest tests are voluntary — you can refuse without automatic penalties. Officers may still arrest you based on other observations.
The three standardized FSTs recognized by the National Highway Traffic Safety Administration (NHTSA) are:
Chemical Testing (Hour 1)
After arrest, California's implied consent law (VC 23612) 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 and can be used against you in court.
Breath Test
- • Results available immediately
- • Less invasive
- • Cannot be independently retested
- • May have a margin of error (±0.02%)
Blood Test
- • More accurate results
- • Sample preserved for independent retesting
- • Results take days to weeks
- • Can detect drug impairment
Booking and Processing (Hours 1–4)
Following arrest and chemical testing, you'll be transported to a local jail or police station for booking. Most first-offense DUI bookings in Sacramento County take 2–4 hours.
Personal Information
Recording name, date of birth, address, and identifying details
Fingerprinting & Photos
Taking fingerprints and a booking photograph (mugshot)
Property Inventory
Cataloging and securing your personal belongings
Bail Determination
Setting bail amount based on county bail schedule and offense severity
Release Options (Hours 4–48)
Depending on your situation, you may be released through one of four methods:
| Release Type | Requirements | Typical Wait |
|---|---|---|
| Own Recognizance (OR) | First offense, community ties, no priors | 4–12 hours |
| Cash Bail | Pay full bail amount to court | 2–6 hours after payment |
| Bail Bond | Pay 10% (non-refundable) to bondsman | 2–8 hours |
| Cite Out | Minor offense, no aggravating factors | 4–8 hours |
Critical: The 10-Day DMV Deadline
After release, the single most important deadline begins. You have only 10 calendar days from your arrest date to request a DMV Administrative Per Se (APS) hearing. Missing this deadline results in automatic license suspension — no exceptions.
10-Day DMV Deadline — Action Required
Contact the California DMV Driver Safety Office to request an APS hearing. This is separate from your criminal case and determines whether your license will be suspended while your case is pending.
- • First offense: 4-month suspension without hearing request
- • Refusal to test: 1-year suspension
- • Prior DUI within 10 years: 1-year suspension
Two Parallel Proceedings
Understanding that a California DUI triggers two entirely separate cases is essential for your defense strategy. Winning one does not automatically win the other.
Criminal Court Case (VC 23152)
- • Prosecuted by District Attorney
- • Determines guilt or innocence
- • Potential: jail, fines, DUI school, probation
- • Full constitutional protections apply
- • Beyond reasonable doubt standard
DMV Administrative Action
- • Handled by DMV Hearing Officer
- • Determines license suspension
- • Preponderance of evidence standard
- • 10-day deadline to request hearing
- • Outcome is independent of criminal case
For complete information on DUI charges, penalties, and defense strategies in California, see our California DUI Defense practice area page and our guide to DMV Hearings vs. Criminal Court.
Frequently Asked Questions
How long does a DUI arrest process take in California?
Do I have to take a field sobriety test in California?
What is the 10-day DMV rule after a DUI arrest?
Can I be convicted of DUI if I refused all tests?
Written by
Randal Shrout, Esq.
Lead criminal defense attorney with 25+ years of experience and 5,000+ cases handled across California. CA State Bar #213838. Member of CACJ and NACDL.
Last updated: March 30, 2026
Full Attorney Profile