What Happens When You Get a DUI?

February 24, 2025

A DUI (Driving Under the Influence) charge can have severe consequences in California, affecting your freedom, finances, and future. Whether it’s your first offense or you’ve been through this before, understanding what happens next is crucial.

From the moment you’re pulled over to potential court proceedings, fines, license suspension, and defense strategies, this guide will walk you through each stage of a DUI case in Redwood City, San Jose, and the surrounding areas.

If you’ve been charged with DUI, acting quickly can make a significant difference in the outcome of your case. Let’s break down the DUI process, penalties, and legal options so you can make informed decisions.

1. Immediate Consequences of a DUI Arrest in California

What Happens at the Scene?

When you’re stopped for suspected DUI, the police will observe your behavior, speech, and driving patterns. If they suspect impairment, you may be asked to:

• Perform field sobriety tests (FSTs) like walking in a straight line or standing on one leg.
• Take a breathalyzer test to measure Blood Alcohol Concentration (BAC).
• Answer questions about your drinking or drug use (which you have the right to refuse).

Can You Refuse a Breathalyzer Test?

Under California’s implied consent law, refusing a chemical test after an arrest can result in automatic license suspension and increased penalties.

Booking, Jail Time, and Release Process

If arrested, you’ll be taken to a local jail or police station for booking. This includes:

• Mugshot and fingerprinting.
• Being held in temporary custody until released on bail or own recognizance.

Bail amounts vary based on the offense severity, previous records, and whether injuries were involved.

2. Legal Penalties & Consequences of a DUI Conviction

California imposes strict penalties for DUI offenses, with punishments escalating for repeat offenses.

Criminal Penalties Based on Offense Level

First-Time DUI (Misdemeanor)

• Fines: $390 to $1,000 (excluding court costs).
• License suspension: 6 to 10 months.
• Jail time: Up to 6 months.
• DUI school: 3 to 9 months.
• Ignition Interlock Device (IID): May be required for early reinstatement.

Second & Third DUI (Misdemeanor/Felony Possibility)

• Jail time: 96 hours to 1 year (or more for third offenses).
• License suspension: 2 years (second offense), 3 years (third offense).
• Mandatory DUI education programs lasting 18–30 months.

Felony DUI (Serious Injury or Fourth Offense)

• State prison sentence of 16 months to 3 years.
• License revocation for up to 4 years.
• Fines exceeding $5,000 plus restitution costs.

Financial Consequences of a DUI

A DUI isn’t just a legal problem—it’s a financial burden. Costs include:

• Fines & court fees: $1,500–$5,000.
• Increased car insurance rates (SR-22 required).
• Attorney fees: $2,500–$10,000, depending on the case.

License Suspension & Restricted Driving Options

Your license is automatically suspended if you don’t request a DMV hearing within 10 days of your arrest.

• Some offenders qualify for a restricted license with IID installation.
• Failure to request a hearing means a mandatory suspension, even if you’re later found not guilty in court.

3. How a DUI Affects Your Life Beyond Legal Penalties

Employment Challenges

A DUI conviction can show up on background checks, potentially:

• Preventing you from getting a job in fields like healthcare, law enforcement, or trucking.
• Leading to job termination in workplaces with strict policies.

Psychological & Social Consequences

A DUI conviction can also cause:

• Mental health struggles, including anxiety and depression.
• Strained relationships with family, employers, and friends.
• Public stigma, particularly in smaller communities.

4. Fighting a DUI Charge: Legal Defenses & Your Options

Common Legal Defenses for DUI Charges

Many DUI cases can be challenged in court based on procedural errors or evidence flaws.

• Lack of probable cause – Officers must have a valid reason for stopping you.
• Faulty breathalyzer results – Machines can malfunction or be improperly calibrated.
• Medical conditions – Diabetes, acid reflux, or even low-carb diets can result in false BAC readings.
• Improper field sobriety tests – These are subjective and prone to errors.

The Importance of Hiring a DUI Attorney

• A DUI attorney in Redwood City or San Jose can:
• Challenge evidence and reduce penalties.
• Negotiate a plea deal for lesser charges (e.g., “wet reckless”).
• Prevent license suspension at DMV hearings.

5. Steps to Take Immediately After a DUI Arrest

Requesting a DMV Hearing

You have only 10 days to request a DMV hearing to contest your license suspension. Missing this deadline results in automatic suspension, regardless of your court case outcome.

Documenting Your Case & Gathering Evidence

Immediately after your arrest, you should:

• Write down all details (officer interactions, test conditions).
• Secure witness statements (if applicable).
• Consult a DUI attorney before making any official statements.

6. DUI Alternative Sentencing & Expungement Options

Can You Avoid Jail Time? DUI Diversion Programs

Some offenders may qualify for:

• DUI treatment programs instead of jail time.
• House arrest or community service as an alternative penalty.

Expunging a DUI from Your Record

After completing probation, you may apply for DUI expungement, which removes the conviction from your record.

Expungement benefits:

• Improves job prospects
• Restores professional licensing opportunities.

Being charged with a DUI in California is serious but not hopeless. Legal representation can minimize penalties, protect your record, and even get charges reduced or dismissed.

If you’ve been arrested for DUI in Redwood City or San Jose, contact our experienced DUI attorneys for a free consultation. We’ll evaluate your case and help you build the strongest defense possible.

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DUI

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