Being arrested for DUI can leave you with a citation, a court date, questions about your driver’s license, and uncertainty about what happens next. The steps you take immediately after a California DUI arrest can matter, particularly because some deadlines arrive long before the criminal case is resolved.
If you have been arrested for DUI in Fresno or elsewhere in Central California, there are several things you should do promptly to understand the charges, protect your driving privileges, and preserve information that may be important to your defense.
1. Pay Attention to the 10-Day DMV Deadline
One of the most important deadlines following certain California DUI arrests involves the Department of Motor Vehicles.
A driver generally has only 10 days after receiving an Order of Suspension or Revocation to request a DMV administrative hearing challenging the action against their driving privilege.
The DMV proceeding is separate from the criminal DUI case.
If you miss the deadline, you can lose the opportunity to challenge the administrative suspension or revocation through a hearing.
For a detailed explanation of the process, read our guide to California DMV DUI hearings.
2. Read the Documents You Were Given
After a DUI arrest, you may receive several documents from law enforcement.
Depending on the circumstances, these may include:
- A citation or notice containing a court date
- An Order of Suspension or Revocation
- A temporary driver’s license
- Information concerning DMV administrative proceedings
- Vehicle impound or release information
- Other documents relating to the arrest
Keep these documents together and do not assume that the court date shown on your citation is the only deadline that matters.
The DMV hearing deadline can arrive much sooner.
3. Understand That You May Be Facing Two Separate Proceedings
A California DUI arrest can lead to two different proceedings:
- The criminal DUI case in court
- A separate DMV administrative proceeding involving your driving privilege
These proceedings involve different procedures and issues.
The criminal court determines whether the prosecution can prove the DUI charges and, if there is a conviction, what criminal consequences apply.
The DMV separately determines whether an administrative suspension or revocation of your driving privilege should be sustained.
A favorable result in one proceeding does not necessarily determine the outcome of the other.
4. Write Down What Happened While You Still Remember It
Memories can fade quickly after an arrest.
As soon as practical, make a detailed record of what happened before, during, and after the traffic stop.
Information that may become important includes:
- Where you were before driving
- What and when you ate
- When and how much alcohol you consumed
- Any medications you were taking
- When you began and stopped driving
- Why the officer said you were stopped
- What the officer asked you
- What you told the officer
- Whether field sobriety tests were performed
- Whether a roadside breath test was administered
- Whether you submitted to a breath or blood test after arrest
- Approximately when each event occurred
- Whether anyone witnessed events before or during the stop
Do not post your account of the arrest on social media.
Instead, preserve the information so it can be reviewed with your attorney.
5. Preserve Evidence That May Be Relevant
Some evidence can disappear quickly.
Depending on the circumstances of the arrest, potentially relevant evidence might include:
- Receipts showing when food or alcohol was purchased
- Credit or debit card records
- Photographs or videos
- Text messages or other records relevant to the timeline
- Names and contact information for potential witnesses
- Medical or prescription information that may be relevant to testing or officer observations
There may also be evidence controlled by third parties or government agencies, such as surveillance video, body-worn camera footage, dispatch records, chemical-testing records, or other documentation.
Whether particular evidence should be requested or preserved depends on the facts of the case.
6. Do Not Assume a BAC Result Means the Case Is Over
A breath or blood alcohol result is important evidence, but it should be evaluated along with the circumstances surrounding the test and the rest of the case.
Potential issues can involve:
- The legality of the traffic stop
- Whether there was sufficient basis for the arrest
- The timing of alcohol consumption
- The timing of the chemical test
- Breath-testing procedures
- Blood collection and testing procedures
- Maintenance or accuracy of testing equipment
- Whether the evidence reliably establishes the driver’s condition at the relevant time
The significance of any issue depends on the evidence in the individual case.
7. Do Not Assume a DUI Arrest Means You Will Be Convicted
An arrest is an accusation, not a conviction.
The prosecution still has the burden of proving the charged offense.
California DUI cases can involve questions about driving, impairment, blood alcohol concentration, chemical testing, officer observations, field sobriety tests, the legality of the detention, and other evidence.
The appropriate defense depends on what actually happened rather than simply the fact that an arrest occurred.
8. Understand the Difference Between Roadside and Post-Arrest Testing
Different types of alcohol testing can involve different legal rules.
A preliminary alcohol screening test may be used during a DUI investigation before an arrest. Chemical testing following a lawful DUI arrest is governed by California’s implied-consent laws.
The circumstances surrounding testing can matter, including the driver’s age, probation status, type of test, whether an arrest occurred, and whether law enforcement alleges that the driver refused or failed to complete a required chemical test.
A chemical-test refusal can create driver’s-license consequences separate from the underlying DUI charge.
9. Find Out What Will Happen to Your Driver’s License
License consequences vary depending on the circumstances.
Important factors can include:
- Whether this is a first or repeat DUI offense
- The driver’s age
- The alleged BAC
- Whether alcohol, drugs, or both were involved
- Whether a chemical test was completed or refused
- Whether anyone was injured
- Prior DUI-related convictions or DMV actions
- Whether the driver holds a commercial driver’s license
Depending on the case, restricted driving privileges or an ignition interlock device may eventually be available.
For more information, see our guide to California DUI penalties and driver’s license consequences.
10. Do Not Miss Your Criminal Court Date
The criminal case is separate from the DMV process.
Review your citation and other court documents carefully so that you know where and when the criminal case is scheduled.
Missing a required court appearance can create additional problems.
Your attorney can explain the court process, whether your personal appearance is required at particular stages, and what to expect as the case progresses.
11. Be Careful About Discussing the Arrest
It can be natural to want to explain what happened to friends, coworkers, or people online.
Be cautious.
Statements, photographs, videos, social-media posts, text messages, and other communications may become relevant to a criminal case.
You should also avoid contacting witnesses for the purpose of influencing what they say about the incident.
Discuss the circumstances of the arrest privately with your attorney.
12. Have the Evidence Reviewed Before Deciding How to Resolve the Case
The appropriate outcome cannot be determined simply from the charge printed on a citation.
Before deciding whether to plead guilty, negotiate a resolution, file motions, or proceed toward trial, the evidence should be evaluated.
That may include reviewing:
- Police reports
- Body-worn camera or other video
- Breath or blood test results
- Chemical-testing records
- Field sobriety test evidence
- Witness statements
- The circumstances surrounding the traffic stop
- Prior DUI history
- DMV records and administrative actions
Every DUI case is different. The strength of the prosecution’s evidence and the available defenses should be evaluated before important decisions are made.
What Are the Penalties for a California DUI?
Potential consequences depend on whether the offense is a first or subsequent DUI, whether anyone was injured, the driver’s prior record, chemical-test issues, and other circumstances.
Consequences can include probation, fines and assessments, DUI education programs, driver’s-license restrictions or suspension, ignition interlock requirements, and possible jail.
Rather than duplicating all of those rules here, see our updated guide to California DUI penalties.
You can also read our overview of California DUI laws, BAC limits, and related rules.
Talk to a Fresno DUI Attorney After an Arrest
The period immediately following a DUI arrest can be important because DMV deadlines may arrive before the criminal case has even begun.
Gregory W. Fox has more than 20 years of experience defending people accused of DUI and other California criminal offenses. He personally handles his clients’ cases and can evaluate the criminal charge as well as potential driver’s-license issues.
If you have been arrested for DUI in Fresno or elsewhere in Central California, call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.
You can also learn more about our Fresno DUI defense services.