What to Expect After a DUI Arrest in San Diego: A Step-by-Step Guide

Being arrested for driving under the influence (DUI) in San Diego can be one of the most stressful experiences of your life. From the moment of arrest to the final resolution of your case, you’ll face a series of legal steps that can feel overwhelming without the right guidance.

At the Law Offices of David A. Simon, we understand how confusing this process can be — and we’re here to help you navigate each stage, protect your rights, and pursue the best possible outcome for your case.

Step 1: The DUI Stop and Arrest

Most DUI cases in San Diego begin with a traffic stop or a checkpoint. Law enforcement officers may pull you over if they suspect you’re driving under the influence of alcohol or drugs. During the stop, you might be asked to perform field sobriety tests or take a breathalyzer test.

If your blood alcohol concentration (BAC) is above California’s legal limit — 0.08% for most drivers — or if the officer believes you’re impaired, you may be placed under arrest. From this point forward, it’s crucial to remain calm and exercise your right to remain silent until you’ve spoken with an attorney.

Politely request to contact your lawyer as soon as possible. The Law Offices of David A. Simon can help you understand what to say — and what not to say — to avoid hurting your case.

Step 2: Booking and Release

After your arrest, you’ll be taken to a local police station or county jail for booking. This process includes fingerprinting, photographing, and entering your personal information into the system.

Depending on the details of your case, you may be released after a few hours on bail or your own recognizance (a promise to appear in court). This is an important time to contact a San Diego DUI attorney — acting quickly can make a major difference in how your case proceeds.

At this stage, the Law Offices of David A. Simon can begin reviewing the details of your arrest, identify any possible procedural errors, and start building a strong defense strategy.

Step 3: The DMV Hearing

Many people don’t realize that a DUI arrest triggers two separate proceedings — a criminal case and a Department of Motor Vehicles (DMV) case. The DMV hearing determines whether your driver’s license will be suspended.

You only have 10 days from the date of your arrest to request a DMV hearing. If you miss this deadline, your license will be automatically suspended.

The Law Offices of David A. Simon can represent you at your DMV hearing, challenge the evidence against you, and fight to keep your driving privileges intact while your case moves forward.

Step 4: Arraignment and Court Appearances

Your arraignment is your first court appearance. During this hearing, you’ll be formally charged with DUI, and you’ll have the opportunity to enter a plea — usually “guilty,” “not guilty,” or “no contest.”

Having a dedicated San Diego DUI defense lawyer by your side at this stage is vital. Attorney David Simon will appear on your behalf, handle all communications with the court, and make sure your rights are protected throughout the process.

Step 5: Building Your Defense

Once your case moves forward, your attorney will begin gathering evidence and analyzing every detail of your arrest. This may include reviewing:

• Police reports
• Dashcam or bodycam footage
• Breathalyzer or blood test results
• Witness statements

The goal is to identify any weaknesses in the prosecution’s case and use them to your advantage. The Law Offices of David A. Simon has extensive experience handling DUI cases in San Diego courts and knows how to challenge unreliable evidence and procedural mistakes.

Step 6: Negotiation or Trial

Depending on the circumstances, your case may be resolved through negotiations with the prosecutor or proceed to trial. In many cases, your attorney can work to reduce the charges, minimize penalties, or even seek a dismissal.

If your case goes to trial, the Law Offices of David A. Simon will present a strong defense, question the state’s evidence, and fight for the best possible outcome.

Step 7: Sentencing and Aftermath

If you’re convicted of a DUI, sentencing can include fines, probation, license suspension, mandatory education programs, or even jail time. The severity of the sentence depends on your BAC, prior convictions, and other circumstances.

Even after your case concludes, your attorney can help you explore post-conviction options such as expungement, which can clear the conviction from your record in certain cases.

Don’t Face a DUI Alone — Call the Law Offices of David A. Simon

A DUI arrest in San Diego doesn’t have to define your future. With the right legal support, you can protect your rights, minimize the impact of the charges, and move forward with confidence.

The Law Offices of David A. Simon has successfully represented clients facing all types of DUI charges, including cases involving alcohol, drugs, or a combination of both. Our team works directly with clients to craft personalized defense strategies that fit their unique situations.

If you or someone you love has been arrested for DUI in San Diego, don’t wait to take action.
Call the Law Offices of David A. Simon today at 619-393-3355 or visit www.davidsimonattorney.com to schedule a confidential consultation.