DUI Information
What happens after a DUI arrest in California?

Administrative Per Se Hearing:

You must request an Administrative Per Se hearing within 10 days of when you were served with a Temporary Driver’s License (usually the date of arrest).  A failure to schedule your hearing in a timely manner can lead to an automatic suspension of your license.  If you requested, or had your attorney request, a hearing in a timely manner, you generally will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after you receive notice from the DMV.  If you lose your hearing, your license will be suspended/restricted as follows:

Arraignment:

If you have been arrested and released for a misdemeanor DUI, you will be given a date to return to court.  If you hire an attorney, and you are being charged with a misdemeanor, the attorney can usually make this appearance for you without your presence.  After you are arrested, the case is sent to the City Attorney's office or District Attorney’s office for filing.  Ideally, the City Attorney or District Attorney will make a filing decision before your arraignment.  If they do not file the case on time, you will be mailed a new arraignment date.  After reviewing the reports, the District Attorney or City Attorney then decides whether to file the case.  If the District Attorney or City Attorney decides to file the case, it prepares an information and files this with the court.  Once the information is filed with the court, it is set on the court's docket.

Pre-trial Conference:

Your attorney will set your case for pre-trial with the District Attorney or City Attorney to discuss the best possible resolution of your case. This conference will happen about 3-4 weeks after your Arraignment date.  You may have multiple Pre-trial Conferences.

Suppression Hearing:

The court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney may file motions to suppress in your case depending upon your specific circumstances.  A Suppression Hearing generally occurs anywhere from 4 to 6 weeks after the Pre-trial Conference.

Trial:

You may request a jury trial wherein a jury of your peers hears the case. The case will be heard by a jury of twelve.

Sentencing:

The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines. 


Driving Under the Influence Sentencing

PROBATION:

Most people convicted of a first offense DUI in Orange County, Los Angeles County, San Diego County, or San Bernardino County do not serve any jail time. (Riverside County and Ventura County generally do require jail even on first offenses).  The probation is generally for a term of three years. While on probation you must do what the judge orders you to do. These orders are called conditions of probation. If you do not do what the judge has ordered you to do (the conditions) then the judge has the option of revoking your probation and putting you in jail for any number of days up to 180 days.

Most counties place you on informal probation as a result of a first offense DUI conviction. This means you are on probation to the court and do not have to report to a probation officer.  (Ventura County always places you on formal probation).  The judge can order any reasonable condition on your probation. The typical conditions of probation are as follows:

• Do not violate the law.
• Pay your fine.
• You must attend and complete DUI Education classes that are 3, 6, or 9 months in length.
• In Orange County and San Diego you must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DUI.
• You cannot drive with a measurable amount of alcohol.

 
{These are the most common conditions that are imposed on a person placed on probation on a DUI first offense}


SECOND Offense within 10 years

PROBATION:

If you are convicted of a second DUI you are eligible for probation. The requirements of probation on a second DUI will generally be much more demanding than a first offense. Likewise, the length of probation in some counties will increase from 3 years to 5 years. The additional requirements that are generally required on a second offense are as follows:

• You must serve jail time as a condition of your probation.(The maximum is 1 year).  Generally, in Orange County you will be sentenced from 30 to 120 days.  In Los Angeles County, you will generally receive 96 hours to 30 days.   
• Do not violate the law.
• You may be required to have an Ignition Interlock Device installed your vehicle.
• You will be required to attend an 18-month alcohol program.   
• In Orange County and San Diego you must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DUI.
• You cannot drive with a measurable amount of alcohol.
• Some counties may require that you not consume any alcohol or be in a location where alcohol is the primary item of sale.

PROBATION:

If you are convicted of a third DUI you are eligible for probation.  Again, the length is more likely to increase from 3 years to 5 years though it will still generally be informal in most counties.

• You must serve jail time as a condition of probation.   The minimum time is 120 days and the maximum is 1 year.  In Orange County you can expect somewhere between 180 days and 1 year.
• You must complete either an 18-month or 30-month alcohol program.
• You may be required to have an Ignition Interlock Device installed your vehicle.  
• In Orange County and San Diego you must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DUI.
• You cannot drive with a measurable amount of alcohol.
• Some counties may require that you not consume any alcohol or be in a location where alcohol is the primary item of sale.