What Happens After a DUI Arrest in California?

A Step-by-Step Guide to the Criminal Case and DMV Process

Being arrested for DUI in California is overwhelming, especially because two separate legal processes begin immediately: a criminal court case and a Department of Motor Vehicles (DMV) administrative action.

Understanding what happens after a DUI arrest — and when deadlines apply — can make a significant difference in the outcome of your case and your ability to keep driving.

This guide explains the DUI process step by step, in plain English.

What Happens Immediately After a DUI Arrest in California?

After a DUI arrest, one of three things typically happens:

You may be released with a citation
You may be released on bail
You may be held in custody until arraignment

In most cases, arraignment must occur within 48 hours, excluding weekends and holidays.

At the time of arrest, officers usually confiscate your driver’s license and issue a pink temporary license, which is valid for 30 days.

What Is the DMV Administrative Per Se (APS) Process?

Many people do not realize that the DMV process is separate from the criminal court case.

The DMV initiates an Administrative Per Se (APS) action automatically after a DUI arrest involving:

A breath or blood test over the legal limit, or
A refusal to submit to testing

Why the 10-Day Deadline Matters

You have only 10 days from the date of arrest to request a DMV APS hearing.
If no hearing is requested, the DMV will automatically suspend your driver’s license.

Missing this deadline can result in:

Automatic suspension
Loss of driving privileges for months
No opportunity to challenge the suspension

What Happens at the DUI Arraignment?

Arraignment is the first formal court appearance in a DUI case.

At arraignment:

Charges are formally read
You enter a plea (guilty, not guilty, or no contest)
Bail conditions are addressed
Future court dates are scheduled

In many misdemeanor DUI cases, a private DUI attorney can appear on your behalf, depending on the court and charge.

How the Criminal DUI Case Moves Forward

After arraignment, the case typically proceeds through:

Discovery (exchange of evidence)
Pretrial conferences
Motions (such as suppression of evidence)
Negotiations with the prosecutor

Not all DUI cases go to trial. In fact, California DMV data shows that a significant percentage of DUI arrests never result in a conviction, highlighting the importance of how the case is defended early.

Why the DMV Case and Criminal Case Are Separate

This is one of the most critical points for anyone arrested for DUI.

You can win your criminal case and still lose your license at the DMV
You can lose your criminal case but still limit DMV penalties if deadlines are met

The DMV focuses on:

Chemical test results
Arrest procedures
Legal driving privileges

Criminal court focuses on:

Guilt or innocence
Penalties such as fines, probation, or jail
Criminal record consequences

What Happens If You Do Nothing After a DUI Arrest?

Failing to act quickly can result in:

Automatic DMV license suspension
Missed opportunities to challenge evidence
Fewer options for reduced charges or dismissals

California DMV data confirms that over 100,000 license suspensions occur each year, many because deadlines are missed rather than because a case is fully litigated.

Does Hiring a DUI Attorney Change What Happens After Arrest?

Hiring a DUI attorney does not guarantee a specific outcome, but it significantly increases the likelihood that deadlines are met, evidence is reviewed, and defense options are preserved.

A DUI attorney can:

Request the DMV APS hearing
Review police reports and body-cam footage
Analyze breath and blood testing procedures
Communicate with prosecutors early
Appear in court when permitted

Frequently Asked Questions

What happens if I miss the 10-day DMV deadline?

If the DMV hearing is not requested within 10 days, your license will usually be suspended automatically.

Is a DUI arrest the same as a DUI conviction?

No. An arrest does not mean a conviction. Many DUI arrests do not result in convictions, depending on the evidence and defense strategy.

Can I keep driving after a DUI arrest?

You may drive temporarily using the pink license issued at arrest, but this is time-limited and depends on DMV action.

Do public defenders handle DMV hearings?

Public defenders typically handle criminal court cases and generally do not represent clients in DMV administrative hearings.

Defense Takeaway: The First 10 Days Matter Most

What happens after a DUI arrest in California is time-sensitive.

The first 10 to 30 days often determine:

Whether your license is suspended
How strong your defense options remain
Whether evidence can be challenged early

Your defense strategy begins immediately after arrest, not at your first court date.

About The Law Offices of Kirk Tarman & Associates

The Law Offices of Kirk Tarman & Associates has focused exclusively on criminal and DUI defense for over 25 years, representing clients throughout San Bernardino, Riverside, Los Angeles, and Orange County. Our firm handles both criminal court matters and DMV proceedings to ensure no critical deadline is overlooked.