DUI Arrest?
Understanding What Happens Next
A DUI arrest is overwhelming — but knowing the process helps you make the right decisions. Here's a complete step-by-step guide to what happens after a DUI arrest in California.
Watch: What happens after a DUI arrest in California
10DAYS
to request DMV hearing
30DAYS
until suspension starts
3YEARS
SR-22 requirement
$2,600+
typical first offense cost
The DUI Process: Step by Step
Traffic Stop & Field Sobriety Tests
An officer pulls you over and suspects impairment. You'll be asked to perform field sobriety tests (walk-and-turn, one-leg stand, eye test). These are voluntary — but refusing can still lead to arrest based on other observations.
- •Officer observes driving pattern (swerving, speed, lane changes)
- •Asks for license, registration, insurance
- •Field sobriety tests are VOLUNTARY (but refusal is noted)
- •Preliminary breath test (PAS) is also voluntary for 21+ drivers
Arrest & Chemical Test
If the officer has probable cause, you're placed under arrest and transported to the station. You'll be asked to take a chemical test (breath or blood). Unlike field tests, this is NOT voluntary — refusing triggers automatic penalties.
- •You MUST choose breath or blood test after arrest (CVC §23612)
- •Refusing = automatic 1-year license suspension (first offense)
- •BAC of 0.08%+ (21+), 0.04%+ (commercial), or 0.01%+ (under 21) = DUI
- •Officer confiscates your license and issues a pink temporary permit (DS 367)
10-Day DMV Deadline
This is the most critical window. You have exactly 10 days from your arrest to request an Administrative Per Se (APS) hearing with DMV. Miss this deadline and your license is automatically suspended with no hearing.
- •Call DMV Driver Safety at (916) 657-6525 within 10 DAYS
- •Or let DUI-Help.org handle the hearing request for you
- •Requesting a hearing extends your temporary driving permit
- •This is SEPARATE from your criminal court case
Administrative Per Se (APS) Hearing
Your APS hearing determines whether DMV will suspend your license. This is an administrative proceeding — not criminal court. A DMV Hearing Officer reviews evidence, and you (or your advocate) can present your case.
- •Conducted by phone or in person
- •You can challenge the officer's testimony and evidence
- •You can be represented by an advocate or attorney
- •DMV must prove: reasonable cause, lawful arrest, BAC ≥ 0.08%
- •If you win, your driving privilege is preserved
Criminal Court Arraignment
Your criminal DUI case is handled separately from DMV. You'll be arraigned in court where you enter a plea. Outcomes range from dismissed to fines, probation, DUI school, community service, or jail time depending on your case.
- •Arraignment: enter plea (guilty, not guilty, no contest)
- •First offense: typically fines ($1,800–$2,600+), probation, DUI school
- •Second offense: mandatory jail time (96 hours–1 year)
- •Third offense: 120 days–1 year jail, 30-month DUI program
- •You can win at DMV but lose in court (or vice versa)
DUI Education Program Enrollment
If convicted, the court orders you into a DUI education program. The length depends on your offense — from 3 months to 30 months. You must enroll at a DHCS-licensed provider.
- •First offense (wet reckless): 12-hour program (SB 38)
- •First offense (DUI): 3-month program (AB 541)
- •First offense (BAC ≥ 0.15% or refusal): 6 or 9 months
- •Second offense: 18-month program (SB 1176)
- •Third+ offense: 30-month program (SB 38)
SR-22 Insurance Requirement
Before you can get your license back, you need an SR-22 — a certificate your insurance company files with DMV proving you have minimum liability coverage. You must maintain it continuously for 3 years.
- •SR-22 is a filing, not a separate insurance policy
- •Your insurer files it electronically with DMV
- •One-time filing fee: ~$15–25
- •Must maintain for 3 YEARS without any lapse
- •Lapse = license re-suspended + 3-year clock restarts
Ignition Interlock Device
Repeat offenders, injury DUI, and some first offenders may need to install an IID — a breathalyzer wired to your vehicle's ignition. The device prevents your car from starting if alcohol is detected.
- •Required for all repeat and injury DUI offenders (2019–2032 pilot)
- •First offense (alcohol): court may order up to 6 months
- •IID allows you to drive immediately — no waiting period
- •Must use a DMV-approved certified installer
- •Reduced fee assistance available based on income level
License Reinstatement
Once you've completed all requirements — DUI program, SR-22 filing, IID period (if applicable), fees paid, and suspension served — you can apply to reinstate your license at any DMV office.
- •Visit DMV with: DUI program completion cert (DL 101), SR-22 on file, IID verification (if required)
- •Pay reinstatement fee ($55–$125)
- •May receive restricted or full license depending on your case
- •Restricted license: to/from work, DUI program, and IID-equipped vehicle
💰 What Does a DUI Really Cost?
A first-offense DUI in California can cost $10,000–$15,000+ when you add it all up:
Estimated total first-offense DUI cost: $10,000–$15,000+
❌ Common Mistakes After a DUI Arrest
❌ Missing the 10-day DMV deadline
✅ Contact DMV or DUI-Help.org within 10 days to request your APS hearing
❌ Ignoring the DMV hearing (thinking court is enough)
✅ DMV and court are SEPARATE. You must handle both to protect your license.
❌ Letting insurance lapse after getting SR-22
✅ Even 1 day without coverage restarts your 3-year requirement
❌ Not enrolling in DUI program on time
✅ Courts set deadlines — late enrollment can mean jail time or extended probation
❌ Driving on a suspended license
✅ VC §14601.2 — misdemeanor with mandatory jail time. Not worth the risk.
❌ Thinking it will "go away" on its own
✅ DUI has strict timelines. Every day you wait makes it harder to fix.
How DUI-Help.org Can Help
Free Case Review
Call or text (916) 244-9700 for a free, confidential review of your situation.
DMV Hearing Advocacy
We request your hearing, prepare your case, and advocate on your behalf.
SR-22 Assistance
We help you get affordable SR-22 insurance through our partner agencies.
DUI Program Coordination
We connect you with licensed DUI programs and track your enrollment.
IID Coordination
We help arrange IID installation with DMV-approved providers.
License Reinstatement
We guide you through every step to get your license back as fast as possible.
Overwhelmed After a DUI Arrest?
Don't navigate this alone. Get a step-by-step plan from a DUI-Help specialist.
Free Case Review with a License Reinstatement Specialist
Your Next Steps Matter.
Don't navigate the DUI process alone. Our specialists handle DMV hearings, SR-22 insurance, DUI program enrollment, and license reinstatement — so you don't have to.
Hearing Review
$595
DMV hearing advocacy + case evaluation
Hearing Representative
$695
Full hearing representation + case management
Full Case Management
$995
Complete DUI case management start to finish
Use code DUISAVE50 for $50 off any plan