What happens after a DUI arrest in California?

After a DUI arrest, you face two separate proceedings: a criminal case in court and a DMV administrative hearing regarding your license. You have only 10 days from arrest to request a DMV hearing or your license will be automatically suspended. The criminal case can result in fines, probation, DUI school, and possible jail time.

Can I represent myself in a California DUI case?

While you have the right to represent yourself, it's generally not recommended for DUI cases. DUI law is complex, involving scientific evidence (BAC testing), constitutional issues, and serious consequences including criminal records, license suspension, and potential jail time. Most people benefit significantly from legal representation.

What are the penalties for a first DUI in California?

First DUI penalties typically include: 3-5 years probation, $1,500-$2,000 in fines and fees, DUI school (3-9 months), possible jail time (up to 6 months), 6-month license suspension, and possible ignition interlock device requirement. Penalties increase significantly for high BAC, accidents, or prior offenses.

How long does a DUI stay on your record in California?

A DUI stays on your criminal record permanently unless expunged. For DMV and sentencing purposes, DUI priors count for 10 years (a 2nd DUI within 10 years carries enhanced penalties). DUI convictions also remain on your driving record for 10 years and affect insurance rates for 7-10 years.

Do I Need a Lawyer for a DUI?

Answer a few questions to get personalized guidance for your California DUI case

Is this your first DUI offense?

Prior DUI convictions significantly increase penalties

Yes, this is my first DUI

Second DUI (within 10 years)

Third or more DUI (within 10 years)

I have a prior felony DUI

What was your Blood Alcohol Content (BAC)?

Higher BAC leads to enhanced penalties and charges

0.08% - 0.14% (standard DUI range)

0.15% or higher (high BAC enhancement)

I refused the chemical test

I don't know my exact BAC

Were there any aggravating factors?

Certain factors can elevate charges or penalties

No - simple DUI, no accidents or injuries

Property damage or minor collision

Someone was injured in an accident

Child under 14 was in the vehicle

What is your employment situation?

Some jobs are significantly impacted by DUI convictions

DUI won't significantly affect my job

I need my driver's license for work

I have a commercial driver's license (CDL)

I have a professional license (medical, legal, teaching)

Do you believe there may be issues with your arrest?

Procedural errors can be grounds for dismissal or reduction

The arrest seemed proper and straightforward

I'm not sure if proper procedures were followed

I believe there may have been issues with the traffic stop

I question the accuracy of the breath/blood test

Have you requested your DMV hearing yet?

You only have 10 days from arrest to request a hearing

Yes, I've already requested the hearing

No, but I'm still within the 10-day window

No, the 10-day deadline has passed

I wasn't aware of this deadline

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You Should Definitely Hire a DUI Lawyer

Your case has serious factors that strongly require professional legal representation.

Why legal help is critical:

DUI convictions have severe, long-lasting consequences
Enhanced charges require aggressive defense strategies
A skilled attorney may get charges reduced or dismissed
DMV hearings are complex and affect your license
Professional licenses and employment may be at stake
Consider consulting with a DUI attorney

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Legal Consultation Strongly Recommended

Even first-time DUIs have serious consequences. A consultation can help you understand your options and potential defenses.

Why consultation is important:

Many DUI attorneys offer free initial consultations
An attorney can identify possible defenses
You may be eligible for reduced charges (wet reckless)
Help navigating both criminal court and DMV proceedings
Understanding the true costs vs. lawyer fees

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Consider At Least Consulting an Attorney

While your case appears straightforward, DUI consequences are serious enough that professional guidance is typically worthwhile.

If you proceed without a lawyer:

Request your DMV hearing within 10 days
Obtain all police reports and evidence
Understand the charges and potential penalties
Research possible defenses for your situation
Consider the long-term costs of a conviction vs. legal fees
At minimum, get a consultation before deciding

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Understanding DUI in California

California DUI laws are found in Vehicle Code Sections 23152 and 23153. A DUI arrest triggers two separate proceedings: a criminal case in court and a DMV administrative action against your driver's license.

10-Day Deadline Warning

You have only 10 days from your arrest to request a DMV hearing. If you don't request a hearing, your license will be automatically suspended 30 days after your arrest. Contact the DMV Driver Safety Office immediately or have your attorney do so.

California DUI Penalties

Offense	Jail Time	Fines/Fees	License	DUI School
1st DUI	Up to 6 months	$1,500-$2,000+	6-month suspension	3-9 months
2nd DUI (10 yrs)	96 hrs - 1 year	$1,800-$2,800+	2-year suspension	18-30 months
3rd DUI (10 yrs)	120 days - 1 year	$1,800-$3,000+	3-year revocation	30 months
DUI with Injury	Felony: 2-4 years	$1,000-$5,000+	1-5 year revocation	18-30 months

Why Hire a DUI Lawyer?

Factor	Without Attorney	With DUI Attorney
Charge Reduction	Less likely	May negotiate "wet reckless" or dismissal
DMV Hearing	May not know procedures	Professional representation
Evidence Review	Limited analysis	Identify testing/procedure errors
Constitutional Issues	May not recognize	Challenge unlawful stops/searches
Sentencing	Standard penalties	May minimize penalties

Possible DUI Defenses

Improper traffic stop: No valid reason to pull you over
Field sobriety test issues: Improper administration or interpretation
Breath test errors: Machine calibration, improper observation period
Blood test problems: Chain of custody, contamination, fermentation
Rising BAC: BAC was below limit while driving
Medical conditions: GERD, diabetes affecting tests
Miranda violations: Statements made without proper warnings

The Two DUI Proceedings

Aspect	Criminal Court	DMV Hearing
Purpose	Criminal punishment	License suspension
Timing	Arraignment within weeks	Must request within 10 days
Outcome	Fines, jail, probation, record	License suspension/restricted license
Standard	Beyond reasonable doubt	Preponderance of evidence

DUI Cost Comparison

A DUI conviction often costs $10,000-$15,000+ when you factor in:

Fines, fees, and penalties: $1,500-$3,000+
DUI school: $500-$1,800
Insurance increase: $3,000-$9,000 (over 3 years)
License reinstatement: $125+
Ignition interlock device: $500-$1,500/year
Lost wages from jail/court: varies

A good DUI lawyer may be able to reduce or eliminate many of these costs by getting charges reduced or dismissed.

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