Facing driving under the influence (DUI) charges in California can feel overwhelming. From being arrested to negotiating with prosecutors and going through court hearings, it can feel as if your world is being turned upside down. The legal system is complex, and potential penalties are severe. Understanding the DUI court process and having the guidance of an experienced attorney is crucial for protecting your rights and preparing a strong defense. At the Law Offices of Shawn M. George, APC, we provide skilled legal advocacy to help clients navigate each stage of their DUI case.

Understanding the DUI Process in California

A DUI charge follows a structured process, from the initial arrest to potential sentencing. Each stage provides opportunities to challenge evidence, negotiate a plea deal, or seek a case dismissal.

Step 1: Arrest and Booking

A DUI case begins when law enforcement stops a driver suspected of being under the influence. The arrest process typically includes the following:

  • A field sobriety test and breathalyzer test,
  • Transportation to the police station or jail for booking, 
  • A chemical test to determine blood alcohol concentration (BAC), and
  • Release on bail or a written promise to appear in court.

If a driver’s BAC is 0.08% or higher, a DUI charge is likely. However, drug-related DUI arrests and cases involving reckless driving can result in charges even with a lower BAC. Law enforcement documents slurred speech, erratic driving, and test performance as additional evidence.

Step 2: DMV Hearing

In addition to criminal proceedings, the California Department of Motor Vehicles (DMV) initiates a hearing to determine whether to suspend the driver’s license. You generally have 10 days from the arrest date to request this hearing. However, the license is automatically suspended after 30 days if you do not request a hearing.

During the hearing, the DMV officer reviews police reports, test results, and witness statements. A DUI attorney may highlight improper breathalyzer calibration, lack of probable cause for the stop, or procedural errors. A successful argument can prevent immediate license suspension while the case proceeds in court.

Step 3: Arraignment

The arraignment is the first formal court appearance in a DUI case. During this stage:

  • The judge reads the official charges;
  • Possible penalties and rights are explained;
  • A plea of guilty, not guilty, or no contest is entered; and
  • Bail conditions may be modified or set.

Having a DUI defense attorney present at the arraignment helps defendants understand their options and make informed decisions.

Step 4: Pretrial Motions and Negotiations

Before trial, the defense and prosecution engage in pretrial motions and plea negotiations. The defense may:

  • Challenge the admissibility of BAC test results if law enforcement failed to follow proper procedures,
  • File motions to suppress evidence obtained through improper searches or illegal stops, and
  • Negotiate reduced charges or alternative sentencing options.

Many DUI cases are resolved before trial through plea deals. In some cases, you may negotiate a “wet reckless” charge (reckless driving involving alcohol), leading to reduced penalties and avoiding a mandatory license suspension.

Step 5: DUI Trial

If no plea agreement is reached, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt. A DUI trial involves:

  • Jury selection (if applicable);
  • Opening statements from both sides;
  • Presentation of evidence, including officer testimony and BAC test results;
  • Cross-examination of witnesses; and
  • Closing arguments and jury deliberation.

A strong defense may focus on inaccurate breathalyzer results, procedural errors, or inconsistent witness statements. The trial outcome depends on the strength of the evidence and the defense strategy.

Step 6: Sentencing and Penalties

If convicted, DUI penalties depend on prior offenses, BAC level, and case details. Possible consequences include:

  • First-offense DUI—fines up to $1,000, six-month license suspension, DUI education programs, and up to six months in jail;
  • Second-offense DUI—increased fines, a two-year license suspension, longer DUI programs, and possible jail time;
  • Third or subsequent DUI—felony charges, three-year license suspension, ignitions interlock device (IID) requirements, and extended incarceration; and
  • Aggravating factors—high BAC, accidents, injuries, or refusing chemical tests can lead to enhanced penalties.

In some cases, alternative sentencing options like probation, alcohol treatment programs, or house arrest may be available. A DUI attorney can explore options to reduce penalties and argue for a favorable outcome.

How Long Does a DUI Case Take in California?

Many clients ask, How long does a DUI case take in California? The timeline varies based on the complexity of the case, court availability, and legal strategy. A typical first-time DUI case may conclude within two to six months, while more complicated cases can take a year or longer.

Factors influencing how long a DUI case may last include:

  • Case complexity. Additional hearings and legal motions may extend the process if the case involves disputed evidence, prior offenses, or aggravating factors.
  • Court backlogs. Some California counties have busier court dockets, which could delay hearings and trial due to high case volume.
  • Negotiations vs. trial. An early plea deal can help to resolve a case within a few months. However, the case can extend to six months or longer if it goes to trial.
  • DMV proceedings. The administrative DMV hearing process occurs separately from the criminal case. Even if the court case resolves quickly, the license suspension process through the DMV may take additional time.
  • Pretrial motions and investigations. If the defense files motions to suppress evidence, requests expert testimony, or challenges BAC results, these actions can lengthen the timeline.

Each DUI case is unique, and legal representation can help streamline the process while ensuring that every available defense is explored. Working with an experienced DUI attorney can significantly affect the case timeline and overall outcome.

How a DUI Attorney Can Help

At The Law Offices of Shawn M. George, APC, we provide experienced legal guidance at every stage of the DUI process in California. Our firm offers:

  • Legal representation from the moment of arrest to protect client rights,
  • Strategic defense planning to challenge evidence and seek case dismissals,
  • Negotiation with prosecutors to minimize charges and explore alternative sentencing, and
  • Courtroom advocacy to present the strongest possible defense.

A skilled DUI lawyer can make a significant difference in the outcome of your case.

Contact Us for a DUI Defense Consultation

If you or a loved one is facing DUI charges, seeking legal counsel as soon as possible is crucial. Prosecutors start working on your case immediately, and you should have someone in your corner doing the same. The DUI court process is complex and difficult to navigate alone, but The Law Offices of Shawn M. George, APC, is here to help. Contact our firm today to discuss your case and start building your defense.