If What Happens After a DUI Arrest in San Bernardino County?
Updated 2026
After a DUI arrest in California, you face both a criminal court case and a separate DMV administrative action. You have only 10 days to request a DMV hearing to challenge license suspension. Penalties may include fines, probation, license suspension, ignition interlock requirements, and possible jail time depending on prior history and circumstances.
If you are arrested for DUI in San Bernardino County, the consequences can be serious. California law provides for a range of penalties including license suspension, significant fines, probation, DUI classes, and in some cases jail time — particularly for repeat offenses or DUI involving injury.
In addition to the criminal case, the California Department of Motor Vehicles (DMV) automatically begins an Administrative Per Se (APS) process that can suspend your license even before your first court date.
Understanding your legal options immediately after arrest is critical.
Learn more about DUI defense here:
California DUI Laws That May Apply to Your Case
Several California Vehicle Code sections commonly apply in DUI cases:
It is unlawful for a person under 21 years of age to drive with a blood alcohol concentration (BAC) of 0.05% or higher.
It is unlawful to:
- Drive under the influence of alcohol
- Drive with a BAC of 0.08% or higher
- Drive under the influence of drugs
It is unlawful to drive under the influence and cause bodily injury to another person.
Each section carries different potential penalties depending on the facts, prior record, and whether injuries were involved.
The 10-Day DMV Deadline
After a DUI arrest, officers typically confiscate your license and issue a temporary pink license valid for 30 days.
You have only 10 calendar days from the date of arrest to request a DMV APS hearing.
If you fail to request the hearing:
- Your license will likely be suspended automatically
- You lose the opportunity to challenge the suspension
- The suspension may begin before your criminal case is resolved. Learn more about DMV hearings:
The DMV process is separate from the criminal court case.
How DUI Charges Can Be Challenged
Although DUI laws may appear straightforward, each case must be examined carefully.
Defense strategies may include:
- Reviewing whether the traffic stop was lawful
- Examining calibration and maintenance records of breath testing devices
- Analyzing blood sample handling and chain of custody
- Challenging field sobriety test procedures
- Reviewing body camera and dash camera footage
- Identifying procedural or constitutional violations
Field sobriety tests can be influenced by stress, medical conditions, fatigue, or uneven road surfaces. Breath and blood tests must comply with strict regulatory standards. Even small procedural errors may significantly affect the strength of the prosecution’s case.
DUI Penalties in California
Potential penalties may include:
- Fines and penalty assessments
- Probation (typically 3–5 years)
- Mandatory DUI education programs
- License suspension or restriction
- Ignition interlock device (IID) installation
- Jail time in certain cases
Repeat offenses and DUI causing injury carry more severe consequences.
Review DUI penalties here:
DUI Cases in San Bernardino County
If your arrest occurred in:
- Rialto
- Colton
- Chino
- Chino Hills
Your case will likely be handled in the San Bernardino County Superior Court system, including Rancho Cucamonga Superior Court , San Bernardino Justice Center and Victorville Superior Court.
Local prosecutorial practices and court procedures can affect how DUI cases are handled.
If you are searching for a San Bernardino County DUI defense attorney, early legal action may influence both court outcomes and license consequences.
Frequently Asked Questions
Is a DUI arrest the same as a conviction?
No. An arrest does not mean you will be convicted. Each case depends on the evidence and defense strategy.
Can I avoid license suspension?
Possibly. A DMV APS hearing must be requested within 10 days of arrest to challenge suspension.
Can a private DUI attorney appear in court for me?
In many misdemeanor DUI cases, a private attorney may appear on your behalf, depending on the charge and court requirements.
What happens if I do nothing?
Failing to act may result in automatic license suspension and missed defense opportunities.
Early Action Matters
DUI defense begins immediately after arrest — not at the first court date.
The Law Offices of Kirk Tarman & Associates has focused on criminal and DUI defense for over 25 years, representing clients throughout:
San Bernardino County
Riverside County
Los Angeles County
Orange County
If you are facing DUI charges, do not ignore critical deadlines. Contact The Law Offices of Kirk Tarman & Associates for a confidential consultation. With over 25 years of trial experience, our firm is prepared to protect your rights.
Written by The Law Offices of Kirk Tarman & Associates
Reviewed by Kirk Tarman, Esq., California Criminal Defense Attorney
Over 25 years of experience defending clients in Southern California courts.