The moment of arrest: what happens first
In most cases, an officer observes alleged impairment, conducts an investigation, and may administer field sobriety tests. If the officer believes there is probable cause, you are arrested and the DUI process begins on both the DMV and court tracks. Remain polite, avoid volunteering extra information, and request an attorney as soon as you are released.
Understanding penalties and license impact
For a first DUI, potential consequences can include base fines plus penalty assessments, probation, alcohol education, and in some cases jail. License consequences often arise from a separate DMV action. The California DMV explains the administrative process, hearing rights, and possible suspension lengths here: https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/driver-safety-administrative-hearings-process-ffdl-26/. For a deeper overview of court-side penalties, see our internal guide: https://www.caduilaw.com/dui-penalties/.
The DMV hearing: your deadline is typically 10 days
The DMV action is independent from the criminal case. In most instances you must request a hearing within 10 days of the notice to challenge the suspension. We handle the request, seek a stay when available, subpoena maintenance logs and training records, and cross-examine the arresting officer. Learn how we approach these cases at https://www.caduilaw.com/court-dmv-trials/dmv-hearings/.
Court timeline: arraignment through resolution
Criminal court begins with arraignment, where charges and rights are read and a plea is entered. The California Courts Self-Help Center outlines this step here: https://selfhelp.courts.ca.gov/criminal-court/overview/arraignment. After arraignment, most work occurs in pretrial: motions to suppress, discovery challenges, negotiations, and expert review. Some matters resolve by plea; others proceed to trial.
Tests the state relies on (and how they are challenged)
Officers commonly use the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests. These must be administered and scored according to National Highway Traffic Safety Administration (NHTSA) standards. Real-world variations in lighting, footwear, surface, and instructions often affect reliability. Review NHTSA’s SFST resources here: https://www.nhtsa.gov/dwi-detection-and-standardized-field-sobriety-test-sfst-resources. We also audit chemical tests for instrument calibration, observation periods, chain of custody, and operator certification.
Preparation steps: protect your rights early
- Request the DMV hearing within 10 days: Preserve your ability to drive while the case is pending when possible.
- Document everything: Save receipts, medical notes, and witness names; contemporaneous details can support defenses like rising BAC or alternate causes for symptoms.
- Limit statements: Do not post about your case online; discuss facts only with your attorney.
- Study your options: Explore our resources on the DUI process, defenses, and field sobriety tests.
FAQs
Can I get a restricted or interlock license?
Eligibility depends on your case and compliance steps. We advise on ignition interlock device options and how to minimize downtime.
What if I’m under 21?
California’s zero-tolerance rules impose strict consequences for under-21 drivers. We challenge whether procedures and tests met statutory and regulatory requirements.
Do I have to do field sobriety tests?
Pre-arrest roadside tests are generally voluntary. These tests are governed by NHTSA standards, and deviations can reduce their reliability.
How long will this take?
Timelines vary by county and case complexity. Many cases resolve in a few months; trials take longer. Early intervention helps identify weaknesses in the state’s evidence.
The bottom line
A first-time DUI does not have to derail your life. Move quickly, request your DMV hearing, and let experienced counsel pressure-test every detail. Braden & Tucci—Southern California’s Most Respected DUI Attorneys—is ready to protect your license and your record.
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