California DMV Hearing Deadline After a DUI Arrest
A California DUI arrest may initiate a Department of Motor Vehicles (DMV) administrative action that is separate from the criminal court case. According to the California DMV, a driver generally has the right to request a DMV administrative hearing within 10 days after receiving the suspension or revocation order. Missing the deadline may affect the ability to challenge the administrative action.
Deadlines and procedures depend on the documents issued and the individual circumstances. Post It Bail Bonds does not represent drivers at DMV hearings. Review the documents provided by law enforcement immediately and contact the California DMV or a qualified California attorney for guidance.
California DMV — Driving Under the InfluenceWhat Happens After a DUI Arrest?
What happens after a DUI arrest depends on the county, the alleged offense, whether a collision or injury occurred, prior history, warrants or holds, medical clearance, testing procedures, and the release decision. A DUI arrest does not itself mean the person has been convicted.
The following is a general overview. Not every person undergoes every step, and procedures vary by county, facility, and the specific circumstances of each case.
- 1
Traffic stop, checkpoint, collision, or other investigation
Law enforcement initiates contact through a traffic stop, sobriety checkpoint, collision investigation, or other lawful encounter.
- 2
Officer observations and investigation
The officer may observe signs of impairment and conduct an investigation, which may include questioning and observation.
- 3
Field sobriety test request, when applicable
The officer may request that the driver perform standardized field sobriety tests (FSTs). Participation and results vary.
- 4
Preliminary alcohol screening (PAS), when applicable
A preliminary alcohol screening (PAS) breath test may be offered or required in some circumstances. The PAS is generally not the same as the post-arrest chemical test.
- 5
Arrest based on probable cause
If law enforcement determines there is probable cause, the driver is placed under arrest.
- 6
Breath, blood, or other legally authorized chemical testing
After arrest, a breath or blood test may be administered. Other testing procedures may apply in drug investigations.
- 7
Vehicle towing, release, or storage
The vehicle may be parked, released to a licensed driver, impounded, or stored at a tow yard depending on the circumstances.
- 8
Transport to a station, jail, hospital, or detention facility
The arrested person is transported to a local station, county jail, hospital (if medical clearance is needed), or other detention facility.
- 9
Booking and identification
The defendant is photographed, fingerprinted, and processed. Personal property is inventoried.
- 10
Review of warrants, holds, and release eligibility
The facility reviews available records for outstanding warrants, court-ordered holds, probation or parole matters, and other legally applicable restrictions.
- 11
Citation, recognizance release, cash bail, bail bond, or continued detention
Depending on the circumstances, the person may be released on a citation, released on recognizance (O.R.), released on bail, or held for a court appearance.
- 12
DMV documents and possible temporary license
Law enforcement may issue documents related to the DMV administrative action. Review all documents received immediately.
- 13
Criminal arraignment
The arraignment is generally the first criminal-court appearance, where the defendant is informed of the filed charges and rights.
- 14
Future court and DMV proceedings
The criminal case and any separate DMV administrative action continue as separate proceedings.
Examples of How DUI Arrests May Occur
The following are illustrative hypothetical scenarios. Each situation depends on the specific facts, the alleged circumstances, and applicable law. An arrest is not a conviction.
Traffic stop following observed driving behavior
A law-enforcement officer observes driving behavior — such as weaving, straddling lanes, or failing to maintain speed — and initiates a traffic stop. The officer may then conduct a DUI investigation based on observations at the scene.
Collision investigation
Officers respond to a reported collision and, during the investigation, develop probable cause to believe a driver was under the influence. A DUI arrest may follow the collision investigation rather than a traffic stop.
Sobriety checkpoint
Law enforcement operates a sobriety checkpoint at a designated location. A driver stopped at the checkpoint may be directed to a secondary screening area if officers observe signs of possible impairment.
Reported impaired driver
Another driver or member of the public calls 911 to report a vehicle being driven erratically. Officers locate the vehicle and initiate a traffic stop based on the report and their own observations.
Alleged drug impairment
An officer may suspect impairment by a drug rather than alcohol — or a combination of both. A Drug Recognition Expert (DRE) evaluation may be requested. The term "drug" may include illegal substances, prescription medication, or other substances depending on the alleged impairment and applicable law.
Under-21 or commercial-driver alcohol allegations
California's zero-tolerance laws establish different blood-alcohol concentration (BAC) standards for drivers under 21. Commercial driver's license holders may be subject to different BAC standards when operating a commercial vehicle. A stop may result in a DUI investigation under the applicable standard for the driver's age or license class.
DUI Charges and Possible Statutory Penalties
The table below summarizes selected California DUI charges and possible statutory penalties. Enhancements, prior convictions, probation provisions, additional assessments, and other laws may significantly affect the actual outcome. An arrest or accusation is not a conviction.
| Code | Charge | Classification | Possible Statutory Range |
|---|---|---|---|
| VC §23152(a) | Driving under the influence of alcohol | Misdemeanor (first offense) | First offense under VC §23536: 96 hours to 6 months in county jail; base fine $390–$1,000. Probation provisions and additional penalty assessments may significantly affect the outcome. |
| VC §23152(b) | Driving with 0.08% BAC or higher | Misdemeanor (first offense) | Same statutory range as §23152(a) for a first offense. Lower legal limits apply to commercial drivers and persons under 21. |
| VC §23152(f) | Driving under the influence of a drug | Misdemeanor (first offense) | Same general statutory range as §23152(a) for a first offense. May involve Drug Recognition Expert evaluation. |
| VC §23152(g) | Driving under combined influence of alcohol and a drug | Misdemeanor (first offense) | Same general statutory range as §23152(a) for a first offense. |
| VC §23540 | Second DUI within 10 years | Misdemeanor | Possible 90 days to 1 year in county jail; base fine $390–$1,000. Probation provisions and additional assessments may apply. |
| VC §23546 | Third DUI within 10 years | Misdemeanor | Possible 120 days to 1 year in county jail; base fine $390–$1,000. Probation provisions and additional assessments may apply. |
| VC §23550 | Fourth or subsequent DUI within 10 years | Wobbler | May be charged as a felony. Possible 16 months, 2, or 3 years in state prison if charged as a felony, or up to 1 year in county jail if charged as a misdemeanor. |
| VC §23153 | DUI causing injury | Wobbler | Possible 16 months, 2, or 3 years in state prison if charged as a felony. Enhancements may apply for each injured person (VC §23558). Misdemeanor treatment also possible. |
California DUI Charges
California Vehicle Code (VC) §23152 addresses driving under the influence (DUI) of alcohol, drugs, or a combination. A DUI arrest may result in misdemeanor or felony charges depending on the alleged circumstances. The term "drug" can involve illegal substances, prescription medication, over-the-counter medication, or other substances depending on the alleged impairment and applicable law.
VC §23152(a) — Driving Under the Influence
General allegation of driving under the influence of alcohol, drugs, or a combination, regardless of a specific measured blood-alcohol concentration (BAC).
Source: California Legislative InformationVC §23152(b) — Driving with 0.08% BAC or Higher
Driving with a blood-alcohol concentration (BAC) of 0.08% or more, subject to the statute's requirements. Lower legal limits may apply to commercial drivers and persons under 21.
Source: California Legislative InformationVC §23152(f) — Driving Under the Influence of a Drug
Addresses driving under the influence of a drug. The term 'drug' may include illegal substances, prescription medication, or other substances depending on the alleged impairment and applicable law.
Source: California Legislative InformationVC §23152(g) — Driving Under the Combined Influence of Alcohol and a Drug
Addresses driving under the combined influence of alcohol and a drug. A person may be charged under multiple subsections of VC §23152 depending on the alleged facts.
Source: California Legislative InformationVC §23153 — DUI Causing Injury
When a DUI arrest involves an allegation of injury to another person, the charge may be filed under VC §23153. This section may be charged as a misdemeanor or felony depending on the alleged circumstances and the prosecutor's assessment.
Source: California Legislative InformationDUI Arrest Versus DUI Conviction
An arrest is an accusation, not a conviction. A DUI arrest reflects law enforcement's determination that probable cause existed to make an arrest. It does not establish guilt or mean that charges will be filed.
Prosecutors decide which charges to file. After an arrest, the district attorney or city attorney reviews the case and decides whether to file charges, which charges to file, and at what level.
A criminal conviction requires a guilty or no-contest plea or a finding of guilt. A person is not convicted of DUI unless they enter a guilty or no-contest plea or are found guilty after a trial.
DMV administrative action is separate. The DMV process affecting driving privileges may proceed independently of the criminal case. The outcome of one proceeding does not automatically determine the outcome of the other.
Bail only addresses release and court appearance. Posting bail allows a defendant to be released from custody pending court proceedings. It does not resolve the DUI case, dismiss charges, or affect the DMV proceeding.
Post It Bail Bonds does not determine guilt or provide criminal-defense advice. We are a licensed bail-bond agency.
DUI Booking and Release
After a DUI arrest, the defendant is transported to a jail, station, or detention facility for booking. Booking involves identification, fingerprinting, photographing, and property inventory. A chemical test may be administered at the facility.
The facility reviews available records for outstanding warrants, court-ordered holds, probation or parole matters, and other legally applicable restrictions that may affect release eligibility. Depending on the circumstances, the person may be released on a citation, released on recognizance (O.R.), released on bail, or held for a court appearance.
DUI Bail in California
Some lower-level DUI arrests may result in release on a citation or recognizance after booking, while other circumstances may involve bail or continued detention. Bail may be more likely to require review when the case involves alleged injury, a felony charge, warrants, probation or parole matters, repeat allegations, failure to appear, or another legally applicable hold.
Initial bail amount: When bail is available, it is initially set according to the county bail schedule for the specific charge. Bail schedules are set by each county's superior court and are subject to change.
Judicial review: A judge may review bail at arraignment and may increase, decrease, or deny bail based on the alleged circumstances, the defendant's criminal history, flight risk, danger to the community, and other factors.
Cash bail vs. bail bond: A defendant or family may pay the full bail amount in cash directly to the court or jail, or use a licensed bail-bond agency. The consumer cost of a bail bond is most commonly 10% of the total bail amount, but the agency must charge the rate filed by its surety with the California Department of Insurance. Any applicable approved discount, payment arrangement, expense, or collateral requirement must be explained in writing.
Bail does not resolve the case: Posting bail and being released does not dismiss or resolve the criminal charges. The defendant must appear at all scheduled court dates.
DMV License Action and the 10-Day Deadline
A DUI arrest in California may trigger a separate administrative action by the California Department of Motor Vehicles (DMV) affecting driving privileges, independent of the criminal case. Law enforcement may issue documents related to the administrative action at the time of arrest.
According to the California DMV, a driver generally has the right to request a DMV administrative hearing within 10 days after receiving the suspension or revocation order. Missing the deadline may affect the ability to challenge the administrative action. Deadlines and procedures depend on the documents issued and the individual circumstances.
The DMV process and the criminal court process are separate proceedings. Post It Bail Bonds is a licensed bail-bond agency and does not handle DMV hearings, license reinstatement, or related matters. Review all documents received during the arrest and contact the California DMV or a qualified California attorney promptly.
California DMV — Driving Under the InfluenceChemical Tests and Alleged Refusal
Preliminary alcohol screening (PAS) vs. post-arrest chemical test: The preliminary alcohol screening (PAS) breath test offered or required at the roadside is generally not the same as the post-arrest chemical test administered after booking. The two tests serve different purposes under California law.
Post-arrest testing: Post-arrest testing may involve breath or blood. Other procedures may apply in drug investigations. Testing requirements can differ based on age, probation status, license type, and circumstances.
Alleged refusal: An alleged refusal to submit to a post-arrest chemical test may create separate DMV and court consequences under California law. Post It Bail Bonds cannot determine whether a refusal occurred or advise someone how to challenge it.
First, Repeat, Injury and Felony DUI
Priorable periods, charging decisions, enhancements, and case classifications involve detailed legal rules.
First-time DUI arrest
A first DUI arrest is most commonly charged as a misdemeanor, but the specific charge depends on the alleged circumstances. A first arrest does not guarantee a specific outcome.
Repeat DUI arrest
A second or subsequent DUI arrest within a priorable period may result in different charging considerations. Priorable periods and their effects involve detailed legal rules.
DUI with an alleged collision
When a DUI arrest involves an alleged collision, additional charges or considerations may apply depending on the circumstances and whether injury is alleged.
DUI causing injury (VC §23153)
When injury to another person is alleged, the charge may be filed under VC §23153 as a misdemeanor or felony depending on the alleged circumstances.
Felony DUI allegations
A DUI may be charged as a felony when certain aggravating factors are alleged, such as a prior felony DUI conviction, a fourth or subsequent offense within a priorable period, or serious injury.
DUI involving an alleged death
When a death is alleged, additional charges may apply. These cases involve complex legal and factual issues.
DUI while on probation
A DUI arrest while on probation may trigger separate probation-violation proceedings in addition to the new criminal case.
DUI with an outstanding warrant
An outstanding warrant may affect release eligibility and the bail process. Post It Bail Bonds can assist once bail has been determined.
DUI involving a minor passenger
When a minor passenger is alleged to have been present, additional charges or enhancements may apply under California law.
Under-21 and Commercial Driver Rules
Different alcohol-related standards and administrative rules may apply to certain categories of drivers.
Drivers under 21: California's zero-tolerance laws establish different blood-alcohol concentration (BAC) standards for drivers under 21. Different administrative and criminal rules may apply.
Drivers on DUI probation: Drivers who are on DUI probation may be subject to different BAC standards and additional consequences under California law.
Commercial drivers: Commercial driver's license (CDL) holders may be subject to different BAC standards and administrative rules when operating a commercial vehicle.
Drivers operating commercial vehicles: Different rules may apply based on the type of vehicle being operated, regardless of the driver's license class.
How to Find Recent DUI Arrest and Booking Information
Recent DUI arrest information may appear in an arresting agency's booking records, county inmate-search system, jail roster, arrest log, or court records. Availability and update times vary. A person arrested by a city police department may initially be held locally and later transferred to a county facility.
To search for recent DUI arrest information, you may need some or all of the following:
- Full legal name
- Date of birth
- Arrest date
- City and county of arrest
- Arresting agency
- Booking number
- Court case number, when available
How to Locate Someone Arrested for DUI
After a DUI arrest, a defendant may be held at a local police or sheriff's station before being transferred to a county jail. Most county jails provide an online inmate search tool. Post It Bail Bonds can also assist in reviewing available public booking information.
Post It Bail Bonds reviews available public booking information but does not operate an official government inmate database. Booking and court information should be confirmed with the appropriate agency.
Vehicle Towing and Personal Property
Vehicle disposition: After a DUI arrest, the vehicle may be parked and left at the scene, released to a licensed driver, impounded, or stored at a tow yard, depending on the circumstances and the arresting agency's procedures.
Obtaining towing information: To find out where the vehicle was taken, contact the arresting agency. They can provide the towing company's name, address, and contact information.
Registered-owner requirements: Verify any registered-owner requirements with the towing company and the arresting agency before attempting to retrieve the vehicle.
Retrieving property from the vehicle: Personal property inside the vehicle may need to be retrieved separately from the vehicle itself. Contact the towing company for their procedures.
Property held by the jail: Personal property taken during booking is held by the jail or detention facility and is typically returned upon release. Contact the facility for their property-release procedures.
Storage fees: Storage fees at a tow yard may continue to accrue daily. Retrieve the vehicle as soon as possible to minimize fees.
What Happens at Arraignment?
The arraignment is generally the defendant's first criminal-court appearance after charges have been filed. The following is a general overview; procedures vary by court and case.
- The defendant is informed of the charges that have been filed.
- The defendant is informed of important legal rights.
- Counsel may be appointed when the defendant is legally eligible.
- The defendant may be asked to enter a plea.
- Bail or release conditions may be reviewed and may be increased, decreased, or modified.
- Future court dates may be scheduled.
Looking for Help With a Drinking Problem?
Alcoholics Anonymous (A.A.) is an independent fellowship for people who want to do something about a drinking problem. A.A. meetings may be available in person, online, or by telephone. Attendance is not a substitute for emergency medical care, professional diagnosis, or individualized treatment.
- Alcoholics Anonymous — aa.org
- Find A.A. Near You — aa.org/find-aa
- A.A. Meeting Guide App — aa.org/meeting-guide-app
- What to Expect at an A.A. Meeting — aa.org/information-about-meetings
Post It Bail Bonds is not affiliated with Alcoholics Anonymous and does not provide alcohol treatment, diagnosis, counseling, or recovery services. These links are supplied as independent public resources.
Support for Victims and Survivors of Impaired Driving
Mothers Against Drunk Driving (MADD) provides independent support, information, and advocacy for victims and survivors of drunk- and drug-impaired driving crashes and their loved ones.
If someone is in immediate danger or needs emergency medical assistance, call 911.
Post It Bail Bonds is not affiliated with MADD and does not provide victim advocacy or crisis counseling. These resources are provided as independent public-service information.
County DUI Resources
Bail schedules, court procedures, and facility information are subject to change. Confirm current information with the appropriate agency. Bail amounts may be adjusted by a judge based on the specific circumstances of each case.
Frequently Asked Questions — California DUI Bail Bonds
Authoritative Sources
- California Legislative Information — Vehicle Code §23152
- California Legislative Information — Vehicle Code §23153
- California Legislative Information — Vehicle Code §23536 (First DUI Penalties)
- California Legislative Information — Vehicle Code §23540 (Second DUI)
- California Legislative Information — Vehicle Code §23546 (Third DUI)
- California Legislative Information — Vehicle Code §23550 (Fourth or Subsequent DUI)
- California DMV — Driving Under the Influence
- California DMV Driver Handbook — Alcohol and Drugs
- California Courts — The Arraignment
- California Department of Insurance — Bail Bonds
- Alcoholics Anonymous — aa.org
- MADD Victim Assistance — madd.org/victim-assistance/
Content reviewed: August 21, 2026
Reviewed by: Post It Bail Bonds, a licensed California bail-bond agency. Post It Bail Bonds has practical experience assisting families with booking information and eligible bail bonds following DUI arrests throughout Southern California.
This page provides general educational and bail-bond information and is not legal, medical, treatment, or DMV advice. DUI laws, administrative deadlines, bail schedules, and facility procedures can change. Review all documents received during an arrest and confirm current requirements with the California DMV, the appropriate court or jail, a qualified attorney, or an appropriate treatment or support provider.