Charged With a DUI in California? What Happens Next?

Being arrested for driving under the influence can be overwhelming, especially if this is your first encounter with the criminal justice system.

If you have been charged with DUI, you may be wondering whether you’ll lose your driver’s license, when you need to appear in court, whether you’ll be able to drive to work, and what a DUI charge could mean for your future.

The first thing to understand is important: being arrested or charged with DUI is not the same as being convicted.

A DUI allegation begins a legal process. Depending on the circumstances, you may have both a criminal court case and a separate California Department of Motor Vehicles administrative process affecting your driving privileges.

A California DUI Can Involve Two Separate Proceedings

One of the most confusing aspects of a California DUI arrest is that two different processes may be occurring at approximately the same time.

The first is the criminal case, which is handled through the court system.

The second may be an administrative driver’s license action through the California DMV.

These proceedings are separate. The DMV specifically explains that its administrative hearing concerns your driving privilege and the circumstances surrounding the arrest; it does not determine whether you are innocent or guilty of a criminal offense. A DMV decision regarding your license also does not necessarily determine what will happen in your criminal case.

That distinction is important because simply preparing for your court date may not address the separate DMV matter.

The DMV Deadline Can Come Quickly

Time matters after a California DUI arrest.

According to the California DMV, a person generally has the right to request an administrative hearing within 10 days of receiving the suspension or revocation order. The hearing provides an opportunity to challenge whether the administrative suspension or revocation is justified.

California DMV guidance also explains that following certain DUI arrests, an officer may take the driver’s license and issue a temporary license that can be valid for 30 days, assuming other requirements are satisfied.

Because deadlines can affect your options, don’t simply place the paperwork from your arrest in a drawer and wait for your court date.

Read every document you received carefully.

What Could Happen to Your Driver’s License?

The answer depends on the circumstances.

Factors may include your age, chemical test results, whether a chemical test was completed or refused, previous DUI history, and what ultimately occurs in the criminal case.

For example, the DMV states that for a driver age 21 or older who takes a blood or breath test showing a BAC of 0.08% or greater, an Administrative Per Se action can result in a four-month suspension for a first offense. Different consequences can apply to subsequent offenses, drivers under 21, chemical-test refusals, and other situations.

A criminal conviction can create additional consequences separate from the initial administrative action. DMV guidance notes that a DUI conviction can involve suspension or revocation, completion of a DUI program, proof-of-insurance requirements, applicable fees, and potentially an ignition interlock device depending on the circumstances.

This is one reason DUI cases should be evaluated individually rather than assuming every arrest has the same outcome.

Charged With DUI? Don’t Assume the Case Is Already Decided

An arrest is an allegation, not a conviction.

The facts surrounding the traffic stop, investigation, arrest, chemical testing, and other evidence can matter when evaluating a DUI case.

A criminal defense attorney can review the circumstances and explain the legal process and available options based on the specific facts.

Avoid making assumptions about your case based solely on what happened to a friend, coworker, or family member. DUI cases can differ substantially.

What Should You Do After a DUI Arrest?

Start by keeping all paperwork provided by law enforcement and the DMV together.

Write down what you remember about the incident while the details are still fresh, including the events leading to the traffic stop, interactions with officers, tests that were requested or performed, and what happened afterward.

Pay close attention to your court information and DMV deadlines.

Most importantly, consider obtaining legal advice promptly so you understand both the criminal case and any separate driver’s-license issues.

At Khashan Law Firm, our criminal defense team can review the circumstances surrounding a DUI charge and explain the legal process and available options.

A DUI charge can affect your driver’s license, finances, employment, and future, but being charged does not mean you’ve already been convicted.

If you have been arrested or charged with DUI in California, contact Khashan Law Firm to discuss your case and understand your legal options. Our team serves clients throughout Ontario, Murrieta, Rancho Cucamonga, Temecula, the Inland Empire, and Southern California. Hablamos Español.

Official resource: California DMV, Driving Under the Influence.