What Should I Do Immediately After a DUI Arrest in San Diego?

A DUI arrest in San Diego can leave you with a lot of questions in a very short amount of time. You may be wondering whether you can still drive, when you have to go to court, what happens to your license, whether the charge can be fought, and what you should avoid doing while the case is pending.

There are usually two separate matters that begin after a DUI arrest. One is the criminal case in court. The other is the administrative license matter with the California Department of Motor Vehicles. They come from the same arrest, but they do not move the same way. The court case can affect your criminal record and expose you to penalties. The DMV case can affect your driving privilege before the criminal case is resolved.

That is why the first few days matter. You do not need to panic, but you also should not simply wait for the court date. California gives you a short deadline to request a DMV hearing after a DUI arrest. Evidence can also disappear quickly. Witnesses may forget details. Video footage may be erased or recorded over. Important paperwork can get misplaced.

Attorney Joshua R. Bourne has more than 20 years of criminal law experience in San Diego and has worked on both sides of criminal cases as a former prosecutor and a defense attorney. Through The Law Office of Joshua R. Bourne, he represents clients facing DUI and other criminal charges throughout San Diego County.

The steps below explain what to do after a DUI arrest in San Diego, why the DMV deadline matters, and how the criminal court process usually begins.

Save and Review All DUI Arrest Paperwork

After a DUI arrest, you may leave the jail or police station with several documents. These may include a citation, a notice to appear in court, a temporary driver’s license, an order of suspension, release papers, bail documents, and towing paperwork.

Keep everything. Even if a document looks routine, it may contain an important date, instruction, or deadline. DUI paperwork often tells you when to appear in court, how the DMV license process works, and where your vehicle was taken if it was towed.

One of the most important documents is the DMV notice. In many DUI arrests, the officer takes your California driver’s license and gives you a temporary license. That temporary license is generally valid for 30 days from the date of arrest if your license was otherwise valid. The same paperwork usually explains your right to request a DMV Administrative Per Se hearing.

Your citation also matters. It usually lists the first court date and courthouse. Missing that date can create a new problem, including a possible bench warrant.

Request a DMV Hearing Within 10 Days

The DMV deadline is one of the first things to address after a California DUI arrest. You usually have only 10 days from receiving the suspension order to request a DMV hearing. This hearing is separate from the criminal case.

The DMV hearing is commonly called an Administrative Per Se hearing, or APS hearing. It is about whether the DMV will suspend your driver’s license based on the arrest. It does not decide whether you are guilty of DUI in criminal court.

At the DMV hearing, the issues may include whether the officer had reasonable cause, whether the arrest was lawful, whether your blood alcohol concentration was 0.08 percent or higher, and whether you refused or failed to complete a chemical test. These issues often overlap with California Vehicle Code section 23152(b), which addresses driving with a blood alcohol concentration of 0.08 percent or more.

If you do not request the hearing on time, you may lose the chance to challenge the DMV suspension before it takes effect. Requesting the hearing may also allow you to seek a temporary stay of the suspension while the DMV case is pending.

Understand the DMV Case and the Court Case Are Separate

A San Diego DUI arrest can move forward in two places at the same time. The DMV handles the license issue. The criminal court handles the criminal charge.

The DMV may suspend your license before the criminal case is finished. The criminal court may impose penalties if there is a conviction. Those penalties can include probation, fines, DUI school, jail exposure, license consequences, ignition interlock requirements, and other terms.

One process does not automatically control the other. A good result at the DMV does not automatically dismiss the criminal case. A reduced charge in court does not always erase DMV consequences. Each side of the case needs attention.

This is why waiting for the first court date can be risky. By then, the DMV deadline may already be gone.

Understand What Type of DUI Charge You May Be Facing

Most San Diego DUI cases are charged under California Vehicle Code section 23152. Once the case is filed, you may see more than one count listed in the complaint.

Vehicle Code section 23152(a) makes it unlawful to drive while under the influence of alcohol. This part of the law focuses on impairment. The prosecution may try to prove that alcohol affected your ability to drive safely, even if the blood alcohol number is challenged.

Vehicle Code section 23152(b) makes it unlawful to drive with a blood alcohol concentration of 0.08 percent or higher. This is often called a “per se” DUI charge. The prosecution focuses on the chemical test result, but that does not mean the number is beyond review. Timing, testing accuracy, breath machine maintenance, blood sample handling, and alcohol absorption can all matter.

Some cases involve drugs instead of alcohol. Vehicle Code section 23152(f) applies to driving under the influence of a drug. Vehicle Code section 23152(g) applies to driving under the combined influence of alcohol and drugs. These cases may involve prescription medication, cannabis, controlled substances, or more than one substance.

If someone was injured, prosecutors may consider Vehicle Code section 23153. DUI with injury can be more serious than a standard first-offense DUI, especially when the alleged injuries are significant or there are other aggravating facts.

Write Down What Happened While It Is Fresh

A DUI arrest is stressful. It is easy to forget details, especially after booking, release, lack of sleep, and worry about what comes next. As soon as you can, write down a private timeline of what happened.

This timeline should be for your attorney. It should not be posted online or sent to other people.

Include where you were coming from, where you were going, when you started driving, what you ate, what you drank, when you last consumed alcohol, whether you took medication, why the officer said you were stopped, what questions were asked, what you said, whether field sobriety tests were performed, and whether you took a breath or blood test.

It also helps to write down physical conditions that may have affected how you appeared. Fatigue, anxiety, injury, diabetes, balance issues, footwear, uneven pavement, poor lighting, traffic noise, and weather can all affect a DUI investigation.

Do your best to be accurate. Do not guess to fill in blanks. The purpose is to preserve your memory while the facts are still fresh.

Preserve Evidence Before It Disappears

Useful evidence is not always in the police report. Some of it may be in your phone, your car, a business security system, a parking garage, a restaurant receipt, or a rideshare account.

Evidence can disappear quickly. Businesses may overwrite surveillance video. Witnesses may forget what they saw. Phone data and receipts may become harder to find later.

Evidence that may matter in a DUI case includes:

1. Receipts from a bar, restaurant, hotel, store, parking garage, or event showing timing and purchases.
2. Rideshare records, phone location data, photos, text messages, witness names, surveillance video, dash camera footage, body camera footage, medical records, towing records, and proof of insurance.

This information can help show when alcohol was consumed, whether you appeared impaired, whether the stop was lawful, whether there were issues with the officer’s observations, or whether the chemical test result is reliable.

If a business may have video, it is better to act quickly. Many locations do not keep footage for long.

Be Careful About Discussing the Case

After a DUI arrest, it is natural to want to explain yourself. You may want to text friends, apologize to someone, post online, or talk to coworkers. The problem is that those statements can create evidence.

A message that feels harmless in the moment may be used later by the prosecution. A social media post can be copied. An apology may be interpreted as an admission. Even casual comments can be taken out of context.

Avoid posting about the arrest online. Do not contact the arresting officer. Do not call the prosecutor to explain what happened. Do not discuss the facts with potential witnesses before speaking with a lawyer. Do not send written explanations to the court.

Being careful does not mean hiding evidence or being dishonest. It means avoiding unnecessary statements before you understand the legal situation.

Chemical Tests and Refusal Allegations

DUI testing can be confusing because there may be more than one test. An officer may offer a roadside breath test before arrest. A post-arrest chemical test is different.

Under California Vehicle Code section 23612, you are deemed to have consented to chemical testing after a lawful DUI arrest. In alcohol cases, that usually means a breath or blood test. In drug cases, it may involve a blood test and, in limited situations, urine testing.

A refusal allegation can make a case more serious. The DMV may impose a longer license suspension. If there is a criminal conviction, refusal allegations may also affect sentencing.

Refusal cases often depend on details. Did the officer give the proper advisement? Did you actually refuse? Was there confusion? Did a medical issue interfere with testing? Were you offered a legally available option? These questions can matter.

Chemical test results also need review. Breath machines must be maintained and used correctly. Blood samples must be collected, stored, and tested properly. Timing matters because alcohol levels can rise or fall after driving.

Address Vehicle, License, and Work Issues

A DUI arrest may create practical problems right away. Your vehicle may have been towed. Your driver’s license may have been taken. You may need to drive for work, childcare, school, or medical appointments.

Find out where your vehicle was taken and keep the impound paperwork. Save proof of insurance. Keep copies of the DMV notice and court citation. Make sure your mailing address is accurate with the court and DMV.

If your job involves driving or requires disclosure of arrests or license issues, be careful about what you say before getting advice. Some employers require reporting. Others do not. Commercial drivers, licensed professionals, military personnel, and people with security clearances may have additional concerns.

A DUI involving an accident, child passenger, high blood alcohol concentration, refusal allegation, probation violation, or prior DUI should be reviewed quickly because those facts can affect the seriousness of the case.

What Happens in San Diego Criminal Court?

The criminal case begins when the prosecuting agency reviews the police reports and decides what charges to file. In a typical DUI case, the charges may include Vehicle Code section 23152(a), Vehicle Code section 23152(b), or both. If someone was injured, Vehicle Code section 23153 may be considered.

The first court appearance is usually the arraignment. At arraignment, you are informed of the charges and enter a plea. In many misdemeanor DUI cases, an attorney may be able to appear without you being personally present, but that depends on the case and the court.

After arraignment, the defense reviews discovery. Discovery may include police reports, chemical test results, breath machine records, blood testing records, body camera video, dash camera video, witness statements, 911 calls, accident reports, and DMV documents.

From there, the defense may evaluate legal motions, negotiate with the prosecutor, seek a reduction, prepare for trial, or pursue dismissal if the evidence supports it.

Speak With a San Diego DUI Defense Lawyer Early

The first days after a DUI arrest can affect the rest of the case. The DMV deadline can pass quickly. Evidence can disappear. Statements can create problems. Court dates can be missed. License issues can become harder to fix.

The Law Office of Joshua R. Bourne represents people facing DUI charges in San Diego and throughout San Diego County. Attorney Joshua R. Bourne has more than 20 years of criminal law experience and has worked as both a former San Diego prosecutor and a defense attorney.

If you were arrested for DUI in San Diego, contact the Law Office of Joshua R. Bourne to discuss the DMV deadline, the court process, and the next steps in your case.