# What happens after a DUI arrest in California. > After a DUI arrest in California you face two separate cases and a 10-day deadline to save your license. Here's the timeline and the first moves that matter. *Self-help guide · Last reviewed 2026-07-10* **Short answer:** A DUI arrest starts two separate cases at once, one with the DMV over your license and one in criminal court. The most urgent thing is the DMV: you have just 10 days to request a hearing or your license is suspended automatically. DUI is not eligible for diversion in California, so the case won't simply go away. A DUI arrest is disorienting, and the paperwork they hand you doesn't explain much. You're not in trouble beyond repair, but you are on a clock. Here's what happens next, in plain order. ## You now have two cases, not one This surprises almost everyone. One arrest triggers two completely separate processes. The first is with the DMV, and it's only about your license. The second is the criminal case in court, and it's about the charge itself. They run on different tracks with different rules, and one can end very differently from the other. ## The 10-day clock starts now This is the deadline that costs people their license before they even understand what's happening. After the arrest, the officer usually takes your license and hands you a temporary one that lasts 30 days. To fight the suspension, you have to request a DMV hearing within 10 calendar days. Miss it, and the suspension kicks in automatically on day 30. Request it in time, and the suspension is put on hold until your hearing. For a first offense, the DMV suspension runs about four months. You may be able to keep driving with a restricted license or an ignition interlock device. A chemical-test refusal is worse, a full year with no restricted option, even if the court case falls apart. ## The court timeline The criminal side moves slower and has a few clear stages. 1. **Arraignment.** Your first appearance. You hear the charges, enter a plea, and the court handles bail or release. Your attorney gets the evidence. 2. **Pretrial conferences.** Where most of the real work happens. Your attorney reviews the evidence, files motions, and negotiates with the prosecutor. 3. **Trial.** Rare. Most DUI cases resolve before this, sometimes as a reduced charge like a "wet reckless." A first DUI conviction can bring fines, DUI school for three to nine months, three to five years of probation, and a possible jail term that's often served as probation instead. A DUI stays on your DMV record for 10 years, and a second one inside that window is punished harder. ## Why you can't just wait it out Some charges in California can be sent to a diversion program and dismissed. DUI isn't one of them. Vehicle Code 23640 bars diversion for DUI, and the appeals courts have backed that up. The case won't quietly disappear on its own, which is exactly why the early moves matter so much. ## Facing this in Chula Vista or the South Bay? South Bay DUI cases are heard at the Chula Vista courthouse, and the DMV side runs through the San Diego Driver Safety office. The first 10 days carry more weight than any other part of this process. Don't spend them guessing. ## Frequently asked questions ### What's the first thing to do after a DUI arrest in California? Request your DMV hearing. You have 10 calendar days from the arrest to ask for it, or your license is suspended automatically 30 days after the arrest. This deadline is separate from your court date and comes first. ### Are the DMV case and the court case the same thing? No. They're two separate cases. The DMV decides whether you keep your license. The criminal court decides the charge itself. You can lose one and win the other, so both need attention. ### Can a DUI be dismissed through a diversion program in California? No. Vehicle Code 23640 bars diversion for DUI, and California appeals courts have confirmed it. Unlike some other misdemeanors, a DUI can't be diverted away, which is why building a defense matters. ### What happens at a DUI arraignment? The arraignment is your first court appearance. You're told the charges, you enter a plea, the court addresses bail or release, and your attorney gets the evidence. It's the start of the case, not the end. --- Free consultation — call or text (619) 370-9074 24/7. 251 E St Ste 100, Chula Vista, CA 91910. Reasonable fees. El Abogado Habla Español.