Understanding Californias DUI legal process from arrest to resolution

The stop, investigation, and arrest

A DUI case usually begins with a traffic stop or checkpoint. Officers observe driving, ask questions, and may perform field sobriety tests. If they believe there is probable cause for impairment, you are arrested—initiating both criminal and DMV actions.

You have rights at each stage. Pre-arrest roadside tests are generally voluntary; post-arrest chemical testing is required under California’s implied-consent law. Refusals trigger harsher DMV and court penalties.

Chemical and field sobriety tests: what the state relies on

After arrest, police typically request a breath or blood test. Our defense begins with scrutiny of every step: instrument maintenance, operator certification, observation periods, and blood handling. Field sobriety tests—Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand—must follow National Highway Traffic Safety Administration (NHTSA) standards; real-world deviations can undermine accuracy. Review NHTSA’s official Standardized Field Sobriety Test resources.

Booking, release, and the 30-day temporary license

After booking, drivers receive a 30-day temporary license. During this period, it is crucial to request a DMV hearing and retain counsel. Braden & Tucci immediately secures police reports, calibration logs, and any available body-camera or dash-camera footage to identify procedural errors early.

DMV hearings: 10-day deadline to act

The DMV proceeding is separate from criminal court. Most drivers must request a hearing within 10 days of notice to contest suspension. The California DMV details this process in its official guide: Driver Safety Administrative Hearings Process (FFDL 26). Our team handles scheduling, subpoenas, and officer testimony challenges. Learn more about DMV hearing defense services.

Court proceedings: arraignment to trial

Court begins with arraignment, where the judge reads charges and rights and takes your plea. The California Courts Self-Help Center explains this step here. Next come pretrial conferences, motions, and negotiations. If trial is necessary, Braden & Tucci presents motions to suppress and cross-examines experts on every evidentiary point.

For deeper insight, read our resources on the California DUI process, common DUI defenses, and field sobriety test challenges.

Pro defense strategies that make a difference

• Act within 10 days: File your DMV hearing request immediately to preserve your right to drive.
• Document everything: Save receipts, medical records, and witness names—these can support rising-BAC or alternate-cause theories.
• Be cautious online: Avoid discussing your case on social media; prosecutors monitor posts.
• Follow compliance plans: We coordinate ignition-interlock, treatment, and education requirements to satisfy both court and DMV mandates.

FAQs

Do I really have only 10 days to request a DMV hearing?

Yes. The California DMV confirms that hearing requests must generally be made within 10 days of notice. Limited mailing extensions may apply.

Are field sobriety tests reliable if conditions are poor?

NHTSA acknowledges that surface, footwear, lighting, and weather affect reliability. We expose deviations to challenge the officer’s conclusions.

What happens at arraignment?

The court advises you of the charges and rights, and you enter a plea. Pretrial motions and scheduling follow.

Can I challenge a “refusal” allegation?

Often. We analyze whether the officer gave correct warnings, if confusion existed, or if a medical condition prevented completion.

The bottom line

A California DUI triggers fast DMV deadlines and complex criminal steps. Take immediate action to protect your rights and license. Braden & Tucci—Southern California’s Most Respected DUI Attorneys—stands ready to defend you 24/7.