A California DUI runs on two parallel tracks: the criminal court case and the DMV's administrative action. Understanding the sequence takes a lot of the fear out of it. Here is how a typical case moves from the arrest to the final resolution.

  1. Arrest and release. After a DUI arrest you are usually released, often the same day, with a citation and a notice of the suspension. The criminal case and the separate DMV action both begin here.
  2. Request the DMV hearing. Within 10 days, request a hearing with the DMV under Vehicle Code 13558 to contest the administrative suspension. This runs on its own track, parallel to the court case.
  3. Arraignment. At the first court date the charges are read and a plea is entered. For a misdemeanor, your attorney can usually appear for you, so you may not have to be there in person.
  4. Pretrial and discovery. Your attorney obtains the police report, the chemical test records, calibration and maintenance logs, and any video. This is where the strengths and weaknesses of the case come into focus.
  5. Motions. Where the facts support it, the defense files motions, such as a challenge to the lawfulness of the stop or to the admissibility of the chemical evidence. A successful motion can reshape or end the case.
  6. Plea negotiation. Most DUI cases resolve through negotiation. Depending on the facts, that can mean a reduction to a wet reckless, a dismissal of counts, or a favorable sentence. The quality of the underlying defense drives the offer.
  7. Trial. If no acceptable resolution is reached, the case can go to trial, where the prosecution must prove impairment beyond a reasonable doubt. Many cases settle before this point, but preparing for trial strengthens the negotiation.
  8. Sentencing and probation. On a conviction or plea, the court imposes the sentence: typically probation, a licensed DUI program, fines, a license condition, and an ignition interlock. Completing the terms is what closes out the case and opens the door to later expungement.

Where you are in the process

Every stage has decisions that shape the outcome, and the earliest ones, especially the DMV deadline, carry the most weight. Get a free written case analysis below or call me directly to find out where your case stands. It also helps to read the first 10 days after a DUI and the California DUI glossary.