What Happens After a DUI Arrest in San Diego?

Getting arrested for driving under the influence (DUI) is a frightening and overwhelming experience—especially if it’s your first encounter with the criminal justice system. In San Diego, DUI charges are taken very seriously, and the legal process following an arrest can move quickly and have lasting consequences.

If you or someone you care about has recently been arrested for DUI, it’s essential to understand what happens after a DUI arrest in San Diego, from the moment of arrest through the resolution of your case. This guide will walk you through the legal process, potential penalties, available defenses, and your options moving forward.

What is Considered a DUI in San Diego?

Before diving into the legal aftermath of a DUI arrest, it’s important to know what legally qualifies as a DUI in California.

Under California Vehicle Code § 23152:

• 23152(a): It is unlawful to drive under the influence of alcohol, regardless of blood alcohol content (BAC), if your ability to drive is impaired.
• 23152(b): It is illegal to drive with a BAC of 0.08% or higher.
• For commercial drivers, the limit is 0.04%, and for drivers under 21, 0.01% due to California’s zero-tolerance policy.

A DUI arrest may also involve drugs—prescription or illegal—or a combination of substances.

What Happens at the Time of the DUI Arrest?

1. Traffic Stop or Checkpoint

Most DUI arrests begin with a routine traffic stop or a DUI checkpoint. Officers typically pull over drivers for erratic behavior, speeding, swerving, or equipment violations.

2. Field Sobriety Tests

If the officer suspects you’re under the influence, they’ll likely administer field sobriety tests (FSTs), which may include:

• Horizontal Gaze Nystagmus
• Walk-and-turn
• One-leg stand

These are designed to assess coordination, balance, and focus.

3. Preliminary Breath Test

You may be asked to blow into a handheld breathalyzer to measure your BAC. If your BAC is over the legal limit or if you fail FSTs, the officer has probable cause for arrest.

4. Arrest and Chemical Testing

Upon arrest, you’ll be taken to the nearest police station, jail, or hospital for further chemical testing—usually a blood or breath test. Refusing this test can result in automatic license suspension and enhanced penalties.

5. Booking

You’ll be photographed, fingerprinted, and held in custody. For a misdemeanor DUI, most individuals are released within a few hours on their own recognizance (OR), meaning no bail is required. Felony DUIs or DUIs with injury may require posting bail.

Immediate Consequences of a DUI Arrest in San Diego

1. License Confiscation

The officer will typically confiscate your physical driver’s license and provide you with a temporary pink paper license, valid for 30 days.

2. DMV Administrative Action

You have just 10 days from the date of your arrest to request a DMV hearing to challenge the automatic license suspension. If you do not request this hearing, your license will be suspended for a period ranging from 4 months to several years depending on prior offenses and circumstances. A skilled Criminal Defense Attorney in San Diego can help you navigate this process and improve your chances of keeping your license. This administrative action is separate from any criminal court proceedings

The Criminal Court Process: Step-by-Step

1. Arraignment

This is your first court appearance, usually held within a few weeks after your arrest. At the arraignment, you will:

• Be formally charged
• Enter a plea (Guilty, Not Guilty, or No Contest)
• Receive your next court date

It’s highly advisable to have a DUI defense attorney represent you at this stage.

2. Pre-Trial Conferences

After the arraignment, your lawyer may attend several pre-trial hearings to:

• Review evidence (police reports, BAC results, etc.)
• File motions (e.g., to suppress evidence)
• Negotiate with the prosecutor for reduced charges or penalties

3. Trial (If No Plea Deal Is Reached)

If a plea deal is not accepted or negotiations fail, your case may go to trial. In a DUI trial, both sides will present evidence, cross-examine witnesses, and argue the facts. The judge or jury will then render a verdict.

DUI Penalties in San Diego: What You Could Face

First-Time DUI (Misdemeanor)

• Jail time: Up to 6 months
• Fines: $1,400 to $2,600
• License suspension: 6 months
• DUI School: 3 to 9 months
• Ignition Interlock Device (IID): Required for 6 months

Second DUI (Within 10 Years)

• Jail time: 96 hours to 1 year
• Fines: $1,800 to $3,000
• License suspension: 2 years
• DUI School: 18 to 30 months
• IID: Required for 1 year

Third DUI

• Jail time: 120 days to 1 year
• Fines: Up to $3,000
• License suspension: 3 years
• DUI School: 30 months
• IID: 2 years

Felony DUI (Injury or Fourth Offense)

• Prison: 16 months to 4 years
• Fines: $2,000 to $5,000
• License revocation: Up to 5 years
• IID: Mandatory
• Possible designation as a Habitual Traffic Offender (HTO)

The DMV Hearing: Administrative License Suspension

If you request a DMV hearing within the 10-day window, you’ll get a chance to challenge the automatic suspension of your license. These hearings are administrative and are usually conducted over the phone.

The DMV will examine:

• Whether the officer had legal cause for the stop
• Whether you were lawfully arrested
• Whether your BAC was 0.08% or more

Winning the DMV hearing prevents your license from being suspended administratively, but you can still face a suspension later through the court system.

Common DUI Defenses in San Diego

Depending on the facts of your case, your attorney may build a defense based on one or more of the following:

1. Illegal Traffic Stop

If the officer lacked probable cause to stop you, any evidence gathered thereafter may be inadmissible.

2. Faulty Chemical Testing

Breathalyzers must be calibrated correctly. Medical conditions, certain diets, and mouth alcohol can also produce false positives.

3. Rising BAC Defense

Your BAC may have been under the legal limit while you were driving but rose over 0.08% by the time you were tested.

4. Field Sobriety Test Inaccuracy

Field sobriety tests are subjective and can be influenced by fatigue, nerves, weather conditions, or medical conditions unrelated to alcohol.

Impact of a DUI Arrest Beyond the Courtroom

A DUI arrest in San Diego can affect more than just your driving record. It may:

• Raise insurance rates significantly
• Result in job loss, especially for those with professional licenses or security clearance
• Disqualify you from certain housing applications
• Appear on background checks for years

Repeat offenses come with harsher penalties and increased social and financial costs.

First-Time Offenders: Is There Leniency?

In some cases, first-time offenders may qualify for diversion programs or a reduced charge like “wet reckless,” which carries less severe consequences.

Eligibility depends on factors such as:

• BAC level
• Whether there was an accident or injury
• Criminal history

A skilled DUI attorney can advocate for these alternative outcomes on your behalf.

Should You Hire a DUI Attorney?

Absolutely. The legal system is complex, and without proper representation, you risk harsher penalties, longer license suspensions, and even jail time. A San Diego DUI lawyer can:

• Review the validity of the stop and testing procedures
• Represent you at the DMV hearing
• Negotiate for reduced charges
• Defend you in court if necessary

Hiring an attorney as soon as possible after your arrest is critical to protecting your rights and building a strong defense.

Timeline: What to Expect After a DUI Arrest in San Diego

Here’s a general breakdown of the DUI case timeline:

Tips to Protect Yourself After a DUI Arrest

1. Do Not Admit Fault at the Scene
   Anything you say can be used against you in court. Remain polite but avoid self-incriminating statements.
2. Request a DMV Hearing Immediately
   This is time-sensitive—don’t wait.
3. Hire an Experienced DUI Lawyer
   Representation is critical from the start. Look for attorneys with experience in San Diego DUI law and positive client reviews.
4. Document Everything
   Write down your recollection of events while they’re fresh—this can help your attorney identify weaknesses in the prosecution’s case.
5. Comply with Court Orders and Conditions
   Failing to complete DUI school, pay fines, or install an IID can lead to further penalties.

Final Thoughts

So, what happens after a DUI arrest in San Diego? The road ahead can be stressful, but you’re not without options. From administrative penalties and court proceedings to defenses and potential plea deals, every step of the process can be managed strategically with the right legal support.

If you’ve been arrested for DUI in San Diego, the best thing you can do is act quickly. Request your DMV hearing, consult with an experienced DUI defense attorney, and take control of your future.

Don’t leave your freedom, license, or reputation to chance—know your rights, understand the process, and be proactive in your defense.