What happens after a DUI arrest?
After a DUI arrest you will be booked, your license may be confiscated and replaced with a temporary driving permit, and you will receive a court date. You typically have only 10 days from arrest to request a DMV administrative hearing to contest your license suspension — missing this deadline results in automatic suspension.
What is the DMV hearing and why does it matter?
The DMV administrative hearing is separate from your criminal DUI case. It determines whether your driver's license will be suspended. You must request it within 10 days of arrest (7 days in some states). You can represent yourself at this hearing — request it immediately after arrest.
What are the typical penalties for a first-offense DUI?
A first-offense DUI typically carries: 3–12 months license suspension, fines of $1,000–$10,000 (including fees), DUI school (3–9 months), possible 48-hour jail sentence, probation (3–5 years), and an ignition interlock device requirement. Penalties vary significantly by state.
What documents should I gather after a DUI arrest?
Collect your arrest report, blood or breath test results, the DMV order of suspension notice, any witness information, dashcam or bodycam footage requests (file promptly — it gets deleted), your driving record, and documentation of any procedural issues during the stop or testing.
What is BAC and how does it affect my DUI case?
BAC (Blood Alcohol Content) is the percentage of alcohol in your blood. The legal limit is 0.08% for most drivers nationwide, 0.04% for commercial drivers, and 0.01%–0.02% for drivers under 21. BAC at or above the limit creates a presumption of impairment, but results can be challenged on calibration and procedural grounds.
What happens at a DUI arraignment?
At arraignment — usually within 48–72 hours of arrest — you enter a plea of guilty, not guilty, or no contest. Enter NOT GUILTY to preserve your options and time to review discovery. You are not required to have an attorney at arraignment and can request a continuance to prepare.
Can I represent myself in a DUI case?
You have the constitutional right to represent yourself (pro se). For misdemeanor first-offense DUIs, many defendants negotiate directly with prosecutors during pretrial conferences. Request all discovery materials from the prosecutor: police report, breath/blood test records, calibration logs, and officer training records.
What DUI defenses are available?
Common defenses include: improper traffic stop (no reasonable suspicion), improper field sobriety test administration, breath test machine calibration errors, medical conditions affecting BAC readings, rising BAC defense (BAC was below 0.08 at time of driving), and violation of your right to counsel during chemical testing.
What is a plea bargain in a DUI case?
A plea bargain is an agreement with the prosecutor to plead guilty to a reduced charge (such as "wet reckless" — Vehicle Code 23103 in California) in exchange for lesser penalties. You can negotiate this yourself in pretrial conferences by presenting weaknesses in the prosecution's evidence.
How does a DUI affect my driving record and insurance?
A DUI conviction typically stays on your driving record for 7–10 years (permanently in some states) and can increase auto insurance premiums by 50–100% or more. An SR-22 insurance filing is required in most states for 3 years after a DUI conviction.
Can I get a DUI expunged from my record?
In many states, a first-offense DUI can be expunged after completing probation. California Penal Code 1203.4 allows expungement for misdemeanor DUI after probation. File a Petition for Dismissal with the court that convicted you. Expungement does not remove DMV points or restore driving privileges.
What is an ignition interlock device and how do I get it removed?
An ignition interlock device (IID) is a breathalyzer installed in your car that you must blow into before the engine starts. Most states require it for 6 months to 3 years after a DUI. File a petition with the DMV and provide proof of completion of your IID requirement to get it removed.
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