Being arrested for DUI is frightening, especially if you have never been in trouble before. Knowing what usually comes next can make the process feel less overwhelming. This guide walks through a typical San Diego DUI case, from the roadside to the courtroom.
1. The stop and the roadside tests
Most DUI cases start with a traffic stop or a checkpoint. The officer may ask questions, look for signs of impairment and ask you to do field sobriety tests, such as walking a straight line or standing on one leg. The officer may also offer a small handheld breath test, called a preliminary alcohol screening. For most drivers 21 and over who are not on probation for a DUI, that roadside breath test is generally voluntary.
What happened during the stop matters later. The officer needs a lawful reason to pull you over, and the conditions of the field tests, such as the lighting, the road surface, your footwear and any medical issues, can affect how they are judged.
2. The arrest and the chemical test
If the officer arrests you for DUI, California's implied consent law comes into play. A driver lawfully arrested for DUI is expected to complete a breath or blood test. Refusing can lead to a longer license suspension and can be raised in court. If you took a blood test, a portion of the sample may be kept and may be available for independent testing later.
3. Your license is taken
In many cases the officer takes your physical driver's license and gives you a pink notice that serves as a temporary license. That temporary license is generally valid for 30 days. This is the start of the DMV side of your case, which runs separately from the court case.
The clock starts at arrest. In California you generally have only 10 days from the arrest to request a DMV hearing. If no hearing is requested, the suspension usually takes effect automatically when the temporary license runs out. Read the full guide to the 10-day deadline.
4. Release from custody
Many people arrested for a first DUI are released within hours, often once they are considered sober, with paperwork that lists a date to appear in court. Others may need to post bail. Keep every document you receive. It usually includes your court date, the courthouse and the charges the officer listed.
5. The prosecutor files charges
The arresting officer's report goes to the prosecutor, who decides what to charge. In a typical DUI case there are two counts: driving under the influence (Vehicle Code 23152(a)) and driving with a blood alcohol level of 0.08% or more (Vehicle Code 23152(b)). A first DUI without injuries is usually a misdemeanor. Prior DUIs within 10 years, or an injury, can change that. See second and third DUI.
6. Your first court date: the arraignment
At the arraignment, you are formally told the charges and enter a plea. In San Diego County, DUI cases are heard at courthouses including Downtown, El Cajon, Chula Vista and Vista. In many misdemeanor cases, California law allows your attorney to appear for you at some hearings, which can save you time off work. Ask before assuming you can skip any date: missing court can lead to a warrant.
7. Reviewing the evidence
After arraignment, your attorney requests the evidence: police reports, video, breath machine records, blood test records and witness information. This is where many defenses are found. Common questions include whether the stop was lawful, whether breath equipment was properly calibrated and maintained, whether the officer followed the required observation period before a breath test, whether a blood sample was handled correctly, and whether medical conditions or testing conditions could explain the results.
8. Negotiation, motions or trial
Depending on what the evidence shows, a case may be resolved through negotiation, challenged through motions, or taken to trial. Every case is different, and no attorney can promise a particular outcome. What an attorney can do is make sure the prosecutor and the judge see the full picture: not only the police report, but who you are, what happened and what you have done since.
What you can do right now
- Write down everything you remember about the stop while it is fresh: times, places, what was said, what tests you took.
- Keep every document you received, including the pink temporary license notice.
- Mark the 10-day DMV deadline on your calendar.
- Avoid discussing the facts of the case on social media or with people involved in it.
- Talk to an attorney before you make decisions about your case.
Talk to Marcus
Marcus E. DeBose has defended San Diego clients since 2001. He takes the time to learn what happened and why, then tells your story to the prosecutor and the judge. Your first consultation is free, in person at the Mission Valley office, or by phone or Zoom. Hablamos español. Learn more about DUI defense.
This article is general information about California law, not legal advice for your situation. Laws and procedures change, and every case is different. Reading it does not create an attorney-client relationship.