California DUI Arrest: What Happens in the First 10 Days After You Get a DUI?

First Steps
First Steps
If you or a loved one have already been arrested it is essential that you be informed. What can be done immediately after an arrest and how to take action as soon as possible for your own defense is critical information. There is a 10-day window of opportunity to request a hearing with the DMV or your license will be automatically suspended. Knowing what to do first and how to take action will make every difference in your defense.
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The First 10 Days
The First 30 Days
Why Fight My Case?
Locating Someone in Custody
Bail in DUI Arrests
Requesting a DMV Hearing
Hiring a Lawyer
DUI Info
DUI Info
Driving Under the Influence or DUI investigations are implemented for many reasons. Ultimately, the prosecutor in a DUI prosecution is required to prove each and every element of the offense beyond a reasonable doubt, and in the case of reasonable doubt of the DUI suspect's guilt, a jury must find the driver not guilty.
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California DUI: Introduction to a DUI Investigation
Misdemeanor DUI Elements
Elements of a Felony DUI
Four Pillars of a DUI Case
DMV Refusal Cases
Sobriety Checkpoints
DUI Drugs
Special DUI Circumstances
Drivers Under 21
Out-of-State Drivers
DMV Info
DMV Info
Many motorists arrested for drunk-driving or driving under the influence of drugs are unaware of the relationship between the criminal courts, the California Department of Motor Vehicles, and their driver's license. The DMV case is more time-sensitive, because a motorist facing a drunk driving charge has only 10-day calendar days from the date of arrest to request a DMV hearing.
Sections:
Introduction to the DMV Process
California DMV Driver Safety Office Locations
Issues at a DMV Hearing
DMV Hearing Process
Interstate Driver's License Compact (IDLC)
Consequences of a DMV Hearing
DMV Consequences for DUI First Offense
Second Offense DMV Consequences
Third Offense DUI DMV Consequences
DMV Refusal Cases
Court Process
Court Process
Getting arrested on suspicion of a DUI in California can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk-driving case generates two separate cases: in criminal court, and at the Department of Motor Vehicles. A California DUI attorney with experience in drunk driving defense cases can help drivers navigate through both the DMV hearing and the criminal court case.
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Introduction to the Court Process
Inside a Jury Trial
Plea Bargains
Court Punishment
Uniqueness of a Federal DUI
Post DUI Conviction
Resources
Resources
From getting released from custody, requesting a DMV hearing, or post-conviction relief like expungements, there are many resources available to you to help you navigate being charged with a DUI in California.
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DUI and Car Insurance
California Superior Courts
DUI Dictionary
BAC Calculator
List of Expert Witness
About Us
About Us
Criminal defense attorney Darren T. Kavinoky, and the experienced attorneys of The Kavinoky Law Firm, have a proven track record of success and are committed to providing you with a relentlessly thorough defense. Please contact us for a consultation at no charge.
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The First 10 Days

If you’ve been arrested for DUI anywhere in California, you have only 10 days from the date of your arrest to request an administrative hearing with the California DMV. Sadly, this information is not always brought to the attention of people arrested for DUI. And the consequences for missing this deadline are severe: if you fail to request a hearing on time, your California driving privileges will be suspended automatically on the 30th day after your DUI arrest.

If you’ve already missed the 10-day deadline at the time you’re reading this, all is not necessarily lost. Our Firm is often able to get late hearing requests granted, so long as we are able to show good cause for the request. Please call our office ASAP if this is your situation; if you’ve missed the 10-day DMV deadline, every day counts!

Whenever someone is arrested for DUI in California, that arrest triggers two different cases.

First, there is a court case, where a conviction means a criminal record, fines, mandatory alcohol education classes, and possibly jail time. However, this isn’t all.
There is also a second case that is triggered with the DMV, where the DMV is seeking to suspend your California driving privileges.

Unlike the court case, where you are given a date that you are expected to be in court, it is up to you to request the hearing with the DMV. If you don’t request that hearing on time, then you don’t get one, and your license is automatically suspended.

Note that these 10 days are calendar days, not business days. The day of your arrest is considered day zero, and each day thereafter counts towards the 10-day deadline. If the tenth day falls on a weekend or a holiday, you will be allowed to request the hearing the next business day.

If you hold a drivers license from a state other than California, this still applies to you! If your California driving privileges are suspended as a result of your failure to timely request a DMV Hearing, this will likely be reported to your home state through the interstate drivers license compact, and your driving privileges will end up being suspended.

The consequence for missing the 10 day deadline is the same as the consequence for losing the hearing, and can carry a drivers license suspension that is as short as four months, or as long as several years.

There are many advantages to having our Firm make this request for you.

First, we will ensure that you receive a stay of suspension, meaning that your license won’t be suspended on day 30;
We know who the good hearing officers are (and most importantly, who they aren’t), so we can set your case in front of someone we believe you stand a better chance of winning with;
We always ensure the request for a hearing is properly documented, to avoid any chance of the DMV claiming it wasn’t made timely.

There are many reasons why a DMV Hearing is vitally important. Besides keeping your driving privileges intact, the DMV Hearing affords your lawyer a chance to cross-examine witnesses outside of court, to use the DMV subpoena power to get material without the court being involved, and to develop forensic evidence that can be helpful to you. Time is of the essence; do not ignore the 10-day deadline.