Being arrested for DUI in San Diego can be frightening and overwhelming—especially if it’s your first time dealing with the criminal justice system. Many people leave the arrest with more questions than answers, unsure of what comes next or how serious the situation really is.

Under California law, DUI charges carry both criminal penalties and administrative consequences, and the process begins immediately after your arrest. Understanding what happens next can help you protect your rights and make informed decisions.

At the Law Offices of David A. Simon, we help San Diego drivers navigate every stage of the DUI process and work toward the best possible outcome.

Step 1: The DUI Arrest and Booking Process

After a DUI stop, an officer may conduct field sobriety tests, breath or chemical testing, and questioning. If the officer believes there is probable cause, you will be arrested for DUI.

Following the arrest, you may:

• Be taken to a local jail for booking
• Have fingerprints and photographs taken
• Be held until sober or released on bail

In some cases, release may happen within hours. In others, you may remain in custody longer depending on the circumstances.

Step 2: Your Driver’s License Is Immediately at Risk

Many people don’t realize that the DMV process is separate from the criminal case.

If you are arrested for DUI:

• Your license may be confiscated
• You are issued a temporary license (usually valid for 30 days)
• You have only 10 days to request a DMV hearing

If you miss this deadline, your driver’s license can be automatically suspended—regardless of what happens in court.

A DUI defense attorney can request this hearing and challenge the suspension.

Step 3: Criminal Charges Are Filed

After the arrest, the prosecutor reviews the police report and evidence to decide whether to file DUI charges. Charges may include:

• First-time DUI
• Repeat DUI
• DUI with injury
• Felony DUI
• DUI involving drugs (DUID)

You will receive notice of your arraignment, which is your first court appearance.

Step 4: Arraignment and Court Proceedings

At the arraignment:

• You are formally informed of the charges
• You enter a plea (guilty, not guilty, or no contest)
• The judge may set bail conditions or release terms

From there, your case may proceed through:

• Pretrial hearings
• Evidence review
• Negotiations
• Motions to suppress evidence
• Trial, if necessary

Having an experienced DUI attorney early in the process can significantly impact how your case unfolds.

Step 5: DUI Penalties You May Be Facing

If convicted, DUI penalties in California can include:

• License suspension
• Fines and court costs
• DUI education programs
• Probation
• Jail time (especially for repeat or felony offenses)

Even a first-time DUI can have lasting consequences for your employment, insurance rates, and personal life.

Step 6: Fighting the DUI Charges

A DUI arrest does not mean an automatic conviction. There are many ways a DUI case can be challenged, including:

• Lack of probable cause for the traffic stop
• Inaccurate breath or blood test results
• Improper testing procedures
• Faulty equipment calibration
• Violations of your constitutional rights

David Simon works directly with clients to examine every detail of the arrest and build a personalized defense strategy.

Step 7: Why Acting Quickly Matters

Time is critical after a DUI arrest. Delays can result in:

• Missed DMV hearing deadlines
• Loss of important evidence
• Reduced defense options

The sooner you speak with a DUI defense attorney, the more opportunities there are to protect your license and your future.

Speak With a DUI Defense Attorney in San Diego, California

If you’ve been arrested for DUI, you don’t have to face this alone. Understanding what happens next is the first step toward regaining control.