A DUI arrest in California triggers time-sensitive processes, and the actions you take in the hours and days following your arrest can directly affect your DUI defense strategy and case outcome.
These are some of the most important steps to take immediately after a DUI arrest.
Document the Details of Your Arrest
Documenting what happened during your arrest is one of the most important steps you can take for your DUI defense. Record everything you can recall, including:
- The location, time, and reason for the stop
- Statements made by the officer
- How field sobriety tests were explained and conducted
- Whether you were asked to take a preliminary alcohol screening (PAS) test before your arrest
- Whether a chemical test was requested or administered after your arrest
- The presence of passengers or other witnesses
Take Action Within the DMV’s 10-Day Deadline
After a DUI arrest in California, you have only 10 days from the date of arrest to request a DMV hearing to challenge the suspension of your driver’s license. Without a timely request, the suspension will go into effect even as your criminal case proceeds.
Frequently Asked Questions
Can a DUI be dismissed in California?
In some cases, yes. A DUI defense attorney may identify procedural errors, an unlawful stop, or problems with chemical test administration that could support a reduction or dismissal of charges.
What happens if I refuse a breath or blood test after arrest?
Under California’s implied consent law (Vehicle Code § 23612), refusing a post-arrest chemical test will result in a DMV license suspension. If you are convicted of DUI, the refusal can also lead to enhanced criminal penalties.
Will I go to jail for a first DUI in California?
Jail time is possible but not guaranteed for a first offense. Outcomes depend heavily on the specific facts of your case.
Consult a DUI Defense Lawyer at Shnider Law Firm in California
At Shnider Law Firm, our attorneys bring decades of combined experience to every case, including firsthand knowledge of how prosecutors approach DUI charges in California courts. That perspective shapes how we evaluate arrests, challenge evidence, and build a defense strategy tailored to your situation.
If you want to understand what comes next, learn more about your legal options after a DUI arrest in California. When you’re ready to talk, contact our team for a free, confidential consultation.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every DUI case is unique. Consult a qualified DUI defense attorney in California to discuss your specific situation.
About the Author: Aaron Shnider
