Being arrested for a DUI is one of the more disorienting things that can happen to a person. You have just spent time in custody, you were handed a stack of papers you may not fully understand, and now you are standing outside trying to figure out what comes next. The good news is that a DUI arrest is not a conviction, and the steps you take in the days immediately following your arrest have a real impact on how your case unfolds. Here is what you need to do.
Understand What You Are Facing
California charges DUI under several sections of the Vehicle Code. Most people are cited under Vehicle Code § 23152(a), which prohibits driving under the influence of alcohol, and § 23152(b), which prohibits driving with a blood alcohol concentration of 0.08% or higher. If drugs were involved, § 23152(f) covers driving under the influence of any drug. It is common to be charged under more than one of these at the same time.
The consequences of a DUI conviction can include fines that often reach into the thousands of dollars once penalty assessments are added, a suspended driver’s license, mandatory enrollment in a DUI education program, probation, and in some cases jail time. Your car insurance rates will almost certainly increase. If this is not your first DUI, if there was an accident, if someone was injured, or if your BAC was significantly above the legal limit, the potential penalties are more serious. Understanding the full range of what you are facing is the starting point for making smart decisions.
Contact an Attorney Immediately
Do not wait on this. The single most important thing you can do after a DUI arrest is get an experienced DUI attorney involved as quickly as possible. Not because you have necessarily done anything wrong, and not because the situation is hopeless, but because time-sensitive deadlines start running from the moment of your arrest and missing them costs you options.
A DUI attorney will review the facts of your stop and arrest, evaluate the strength of the evidence against you, identify any legal issues with how the investigation was conducted, and develop a strategy for your defense. They will also handle the DMV side of your case, which is a separate proceeding that runs parallel to your criminal case and requires its own attention. Read Public Defender vs. Private Attorney for guidance on choosing the right representation.
Request a DMV Hearing Within 10 Days
This is the deadline that catches the most people off guard. You have exactly 10 days from the date of your arrest to contact the DMV and request an Administrative Per Se hearing. If you do not request that hearing within 10 days, your driver’s license will be automatically suspended with no further process and no opportunity to contest it.
The DMV hearing is entirely separate from your criminal case in court. It is focused on one question: whether your driving privileges should be suspended. The hearing examines whether the officer had reasonable cause to believe you were driving under the influence, whether your arrest was lawful, and whether your BAC was at or above the legal limit.
Beyond protecting your license, the DMV hearing gives your attorney the opportunity to question the arresting officer under oath before your criminal case goes anywhere near a courtroom. What the officer says at that hearing, and how they say it, is valuable information that carries directly into your criminal defense. This is one of the most important strategic advantages of having private representation from the start.
Start Building Your Mitigation Package
Mitigation is the collection of steps you take to demonstrate to the court that you are a responsible person who is taking this situation seriously. It will not make the arrest disappear, but it can make a meaningful difference in how the prosecutor and judge view your case, and in some situations it can contribute to reduced charges or a more favorable outcome at sentencing.
The earlier you start, the better. Courts respond more favorably to defendants who acted on their own initiative rather than those who completed programs only after being ordered to do so. Common mitigation steps include enrolling in a DUI education program before your court date, completing a MADD Victim Impact Panel, attending AA meetings and keeping a log, completing community service hours voluntarily, and obtaining character reference letters from employers, colleagues, or community members who can speak to your character.
Read the full article on Mitigation for a detailed breakdown of what to do, when to do it, and how to present it effectively to the court.
Prepare for Your Arraignment
Your arraignment is your first appearance in criminal court. At the arraignment, the charges against you will be formally read, and you will be asked to enter a plea of guilty, not guilty, or no contest. In virtually all DUI cases, the right move at arraignment is to plead not guilty. Entering a not guilty plea does not mean you are claiming the situation never happened. It means you are preserving your right to review the evidence, evaluate your options, and negotiate or fight the charges before anything is finalized.
Your attorney will advise you on what to expect and what to bring. Show up on time, dress appropriately, and let your attorney do the talking.
Start Gathering Evidence
The time right after your arrest is when memories are freshest and evidence is most available. If there were passengers in your car or bystanders nearby, write down their contact information and what they observed. If the stop or arrest occurred near any business with exterior cameras, that footage may only be retained for a short period before it is recorded over.
Obtain a copy of your police report as soon as it is available. Review the officer’s account carefully and note anything that does not match your recollection of events. If you have a medical condition that could have affected a breath test result, gather your medical records. Your attorney will tell you specifically what to look for once they have reviewed the facts of your case.
Show Up to Every Court Date
Missing a court date in a criminal case results in a bench warrant being issued for your arrest. It also creates the impression that you are not taking the proceedings seriously, which is not something you want a judge to think. Put every scheduled court date in your calendar the moment you receive it, set reminders, and plan around it. If a genuine emergency arises that makes attendance impossible, contact your attorney immediately so they can address it with the court before the hearing, not after.
Follow Every Condition the Court Imposes
If you are granted probation, you will be given a set of conditions to follow. These commonly include completing your DUI education program, abstaining from alcohol, not driving without a valid license and insurance, and avoiding any further criminal violations. Probation violations can result in the court reinstating jail time that was originally suspended. Keep records of everything: certificates of program completion, check-in logs, receipts, and any other documentation showing you are in compliance.
Conclusion
A DUI arrest sets a clock in motion, and the first 10 days are the most critical. Get an attorney retained, get that DMV hearing requested, and start building your mitigation package before your first court date. The outcome of a DUI case is rarely predetermined. The decisions you make in the days and weeks after your arrest matter more than most people realize.
Citations
- California Vehicle Code § 23152(a), (b), and (f).
- California Vehicle Code § 13353.2 (Administrative Per Se suspension).
- California Vehicle Code § 13558 (DMV hearing procedures).
- California Code of Regulations, Title 9, § 9850 et seq. (licensed DUI programs).