What to Do If You’re Charged with a DUI in California: 10 Steps to Help When You Need It Most

Getting charged with a DUI can be scary, embarrassing, and downright confusing, especially if it’s your first time experiencing the criminal justice system. The good news is that if you’ve been charged with a DUI in California, your next steps can make a big difference in the outcome of your case. Here’s what you need to know (and what you need to do as soon as possible).

Step 1: Take the Charge Seriously (Even if it’s Your First DUI)

Some people think of their DUI as just another traffic ticket. But it is not. It’s a criminal offense that can affect:

• Your driver’s license
• Your ability to get or keep a job
• Your auto insurance rates
• Your personal finances
• Your overall freedom

Note: Even first offenses can carry jail time, steep fines, mandatory classes, and a criminal record that may follow you through the rest of your life.

Step 2: Understand That You Are Facing Two Separate Cases

If you’re like most people, you probably don’t realize that getting a DUI in California triggers two completely different legal proceedings:

• The criminal case (where you face a conviction and penalties)
• The DMV administrative case (which determines the status of your license)

You only have 10 days from the date of your arrest to ask for a DMV hearing. Requesting the hearing preserves your driving privileges in most cases. Failure to request a hearing will likely result in automatic suspension of your driving privileges.

Step 3: Don’t Assume the Evidence Is Ironclad

Just because you were arrested doesn’t mean the prosecution has a strong case against you.

DUI case outcomes typically rely on a combination of:

• The police officer’s report and observations
• Roadside field sobriety tests
• The results of breath or blood tests

However, each of these can be challenged by a skilled defense attorney.

If you work with an experienced DUI defense attorney, they’ll know where to look for weaknesses (and many of these cases have them).

Step 4: Don’t Say Too Much (or Speak to the Wrong People)

Humans are social creatures. So once you get arrested for DUI, there’s a natural tendency to want to explain what happened. The problem? Everything you say and do matters. Statements made to police officers, investigators, insurance company reps, friends, family, coworkers, etc, can and often will be used against you in some form.

Once the charges are filed, you are advised to keep quiet and let your attorney do the talking. Protecting your rights often requires saying nothing or very little at all.

Step 5: Know the Potential Penalties

Penalties for DUIs in California can vary depending on a number of factors, including prior offenses, BAC levels, and whether anyone was injured in an accident.

A first-time DUI could result in:

• Fines and other penalty assessments
• DUI education classes
• Probation
• A suspended license
• Potential jail time

Repeat offenses or other aggravating factors (e.g., high BAC, an accident, refusal to take a test) can result in much more severe penalties.

Step 6: Protecting Your License

For many individuals, one of the most immediate and disruptive consequences of a DUI arrest is the loss of their license. That is why it is imperative that you act quickly to prevent that from happening, if possible.

When you ask for a DMV hearing, you can:

• Temporarily put a hold on the automatic suspension
• Give your attorney time to challenge the arrest and evidence
• Maintain your ability to drive while the case is pending

Even if your license is ultimately suspended, you may be able to obtain a restricted license that still allows you to drive to work or school.

Step 7: Don’t Try to Fight This Battle on Your Own

You might think you can represent yourself or at least wait a few weeks and see “how bad it is.”

Don’t.

A good DUI defense attorney can:

• Represent you in both the court case and DMV hearing
• Ensure that the traffic stop and arrest were legal
• Challenge the results of the alcohol tests
• Negotiate with prosecutors to get the charges reduced
• File motions to dismiss the charges, if appropriate
• Work to lessen or completely eliminate the penalties and long-term consequences

And the list goes on. The key point is that early legal intervention often leads to better outcomes.

Step 8: Avoid Making Mistakes While the Case is Pending

Your actions (or inactions) while your DUI case is pending also matter. Judges and prosecutors are paying attention to whether you follow court orders, stay arrest-free and out of trouble, complete any and all required programs, and act responsibly as required.

Simply put, if you stay out of trouble and do what you’re told, that’s going to help the judge and prosecutor decide how to treat your case.

Step 9: Remember That This Conviction Will Follow You for Years to Come

In the short term, a DUI conviction (or dismissal) will primarily affect your next few months. But looking further out, it can have real consequences for years or even decades.

Additional penalties and long-term consequences may include:

• Higher insurance premiums
• Employment difficulties
• Professional licensing issues
• Travel limitations
• A permanent criminal record

Part of a good defense strategy is not just fighting to avoid a conviction but also protecting your future to the extent possible.

Step 10: Get Clear, Honest Advice from a Skilled DUI Attorney

Every DUI case is unique. Information on this website and elsewhere online can be helpful. But it can never replace clear, honest advice from a qualified DUI defense attorney who can look at the specifics of your case and tell you what you really need to know.

A good California DUI lawyer will:

• Explain what you’re realistically facing
• Identify the most promising defense options
• Walk you through each step of the process
• Help you make the best decisions you can during a very stressful time.

When you’re feeling stressed and confused, having someone who knows the system on your side can make a world of difference.

Don’t Face This Alone: Speak to a DUI Defense Lawyer

If you are facing DUI charges, do not attempt to handle things on your own. We offer free consultations for DUI cases. If you’re ready to talk to an experienced DUI defense attorney about your situation, contact us right away to discuss your legal rights and options.