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What Happens After a DUI Arrest in California?
From the 10-day DMV deadline through arraignment, pretrial motions, and resolution — the full California DUI process.
Last updated: March 3, 2026
Quick Answer
After a California DUI arrest, you have 10 days to contact the DMV and request an APS (Administrative Per Se) hearing — or your license is automatically suspended after 30 days. The criminal case is handled separately in Superior Court and typically takes 3–9 months to resolve. A good attorney can sometimes negotiate a "wet reckless" reduction or find grounds for dismissal.
California DUI cases run on two parallel tracks: the criminal court case (in Superior Court) and the DMV administrative license suspension. You must actively manage both — winning the criminal case does not automatically save your license, and vice versa.
Timeline
You are arrested, taken to a local jail or police station for booking, and typically released within 12–24 hours on your own recognizance or after posting bail. The arresting officer confiscates your license and issues a pink temporary license valid for 30 days — this document is critical.
Call the DMV Driver Safety Office (not a regular DMV branch) within 10 calendar days of your arrest to request an Administrative Per Se hearing. This hearing contests your license suspension independently of the criminal case. Your pink temporary license remains valid while the hearing is pending. Missing the 10-day window = automatic suspension on day 31.
Your first criminal court appearance. You enter a plea — almost always "not guilty" to preserve your options. For misdemeanor DUI, your attorney can appear on your behalf (you do not need to be present at arraignment in most California courts). The prosecutor provides initial discovery at this stage.
Your attorney reviews all evidence: police reports, dashcam/bodycam footage, breath test calibration records, blood test chain of custody, and field sobriety test results. Motions to suppress (challenging the stop, the test, or the arrest) can be filed. A successful suppression motion can result in case dismissal or a dramatically better plea offer.
The prosecutor may offer a plea to the original DUI charge or a reduced charge like "wet reckless" (VC 23103.5). A wet reckless has lighter penalties but still counts as a prior DUI offense. Whether to accept depends on evidence strength, BAC level, and your specific circumstances.
Most cases resolve by plea before trial. If you go to trial, misdemeanor DUI cases are heard by a jury of 12 in California. A not-guilty verdict ends the criminal case but does not restore your license if the DMV hearing was lost. Sentencing after conviction includes probation, fines, DUI school, and ignition interlock.
California allows informal probation (also called summary or court probation) for first-offense DUI — no probation officer, but you must comply with court terms. During probation, your BAC legal limit is 0.01% (any detectable alcohol) and you may not refuse any chemical test.