Critical Deadline: You have only 10 calendar days after a California DUI arrest to contact the DMV and request an Administrative Per Se (APS) hearing. Missing this deadline means automatic license suspension — even if you're later found not guilty.
Step-by-Step Guide
After any DUI arrest, say only your name. Clearly state: 'I am invoking my right to remain silent and my right to an attorney.' Do not answer questions about where you were, what you drank, or how you feel. Volunteered statements are used against you at trial.
Tip: Anything you say during a DUI stop can be used by the prosecution. Officers are trained to elicit incriminating statements before arrest — stay silent.
The arresting officer typically takes your license and issues a 30-day temporary pink slip. You have 10 calendar days to call the DMV Driver Safety Branch to request an APS hearing. The DMV hearing is completely separate from your criminal case — you can win in criminal court and still lose your license if you don't fight the DMV case.
Tip: Call DMV Driver Safety: (916) 657-6525. Ask for the San Diego Driver Safety office. If you have an attorney, they can request the hearing for you.
Write down all details while they are fresh: the location of the stop, time of day, reason given for being pulled over, what the officer said and did, field sobriety tests administered, whether you refused any tests, and everything that happened at booking.
Tip: Note the breathalyzer device number if visible, whether it was portable (PAS) or evidential (EC/IR II). These records matter for challenging calibration in court.
Request your booking records and the police report. If you were in an accident, preserve photos of the scene, vehicles, and any road conditions. If any witnesses were present, get their contact information. Dashcam footage from your vehicle or nearby businesses may be critical.
Tip: Body camera footage from arresting officers is critical. Your attorney can subpoena this through discovery — it is sometimes deleted after 30–90 days.
California DUI operates on two simultaneous tracks: (1) the criminal case in Superior Court, and (2) the DMV APS administrative hearing about your license. You need to fight both. Winning one does not automatically affect the other.
Tip: You can lose the DMV hearing (license suspended) but win the criminal case (no conviction), or vice versa. Most DUI attorneys handle both tracks together.
Your arraignment (first court appearance) is typically within 48 hours if you were held, or you'll receive a citation with a court date. Retain a DUI defense attorney before this date. An attorney can often appear for you at arraignment without you needing to attend for a misdemeanor DUI.
Tip: Look for an attorney who specifically handles San Diego DUI cases, knows the local courthouse, and has experience with breathalyzer challenges and DMV APS hearings.
Missing a court date results in an automatic failure-to-appear (FTA) warrant under Penal Code §1320. This adds a separate misdemeanor charge and can result in arrest. If you cannot attend, your attorney can often appear on your behalf for routine hearings.
Tip: Set calendar reminders with multiple alerts for all court dates. Confirm hearing dates with your attorney a week before each appearance.
California's Penal Code §1001.95 allows some DUI cases to be diverted (charges dismissed after completing program) in certain circumstances. A wet reckless (Vehicle Code §23103.5) is a reduction to reckless driving — fewer consequences but still counts as a prior DUI. Your attorney will advise on what the San Diego DA is likely to offer.
Tip: First-time DUI defendants with BAC under 0.10% and no accident often have the best chance of a wet reckless reduction or diversion.
Frequently Asked Questions
What happens if I miss the 10-day DMV deadline after a DUI arrest in California?
If you fail to request a DMV APS hearing within 10 calendar days of your DUI arrest, the DMV will automatically suspend your license — typically 4 months for a first offense. This suspension is separate from any criminal case outcome. Once the deadline passes, you cannot contest the DMV action. This is why the 10-day rule is considered the most critical post-arrest deadline in California DUI law.
Should I blow into the breathalyzer or refuse in California?
California's implied consent law (Vehicle Code §23612) requires licensed drivers to submit to a chemical test (breath or blood) after a lawful DUI arrest. Refusal results in a mandatory 1-year license suspension (longer for priors) and cannot be used as a defense. The roadside PAS breath test before arrest is optional for adults over 21. Most DUI attorneys advise complying with the post-arrest chemical test while aggressively challenging its results later.
Can a first DUI be dismissed in San Diego?
Yes, first DUI dismissals occur when: the initial traffic stop was unlawful (no reasonable suspicion), the breathalyzer was not properly calibrated or maintained, the operator was not certified, chain of custody issues exist with blood samples, or the field sobriety tests were improperly administered. Your San Diego DUI attorney will review police reports, breathalyzer maintenance records, and body camera footage to identify suppression or dismissal grounds.
How long does a San Diego DUI stay on my record?
A California DUI conviction stays on your DMV record for 10 years and is visible on most background checks indefinitely. After completing probation (typically 3-5 years), you may petition for expungement under Penal Code §1203.4, which allows you to withdraw your guilty plea and have the case dismissed. However, the expunged DUI still counts as a prior offense for a second DUI arrest within 10 years and may still appear on background checks for some purposes.
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