A DUI arrest starts two separate cases: the criminal case in court and the DMV case. The DMV case has a hard 10-day deadline.
What you do in the first days — especially about the DMV — shapes both. Here is the checklist.
The 10-Day DMV Clock
This is the step people miss. A DUI arrest triggers two separate license actions. The DMV's administrative “per se” suspension is automatic on a 0.08%-or-higher result — 4 months for a first offense, 1 year for a second within 10 years (Veh. Code § 13353.3). After a DUI arrest you have 10 days to request a DMV Administrative Per Se hearing; missing that deadline doesn’t lengthen the suspension, it forfeits your chance to contest it, and the suspension takes effect after 30 days. A separate, longer suspension applies only if you are convicted in court — 6 months (first), 2 years (second within 10 years), 3 years (third) under Veh. Code § 13352. The DMV case is separate from the court case, with a different decision-maker and different rules. Read more on VC 23152, California’s DUI law.
What Not to Do
- Do not discuss the case — not with police beyond identifying yourself, not on social media, not in group chats.
- Do not miss your court date. Missing an arraignment triggers a bench warrant.
- Do not assume it is hopeless. First-offense DUIs are frequently reduced — a wet reckless is the most common favorable outcome.
Preserve the Evidence
Write down everything while it is fresh: what you ate and drank and when, any medical conditions or medications, how the stop happened, and what the officer said and did. Keep every piece of paper — the citation, the DMV form, the booking paperwork. These details drive the defense.
Get a Lawyer Before Arraignment
The DMV hearing and the criminal case run in parallel, and both start fast. A lawyer can request the DMV hearing, demand the evidence, and start attacking the stop and the chemical test before the first court date. See our DUI defense page and our guide on how to beat a DUI in San Francisco.
Frequently Asked Questions
How long do I have to act after a DUI arrest in California?
You have 10 days from a DUI arrest to request a DMV Administrative Per Se hearing to contest the license suspension. That suspension is automatic on a 0.08%-or-higher result — 4 months for a first offense, 1 year for a second within 10 years (Veh. Code § 13353.3). Missing the 10-day deadline doesn't lengthen the suspension; it forfeits your chance to contest it, and the suspension takes effect after 30 days. A separate, longer suspension — 6 months first offense, 2 years second, 3 years third, under Veh. Code § 13352 — applies only if you are convicted in court. The criminal court case is separate and proceeds on its own timeline.
Should I request a DMV hearing after a DUI?
In almost every case, yes. Requesting the hearing within 10 days stays the automatic suspension while the hearing is pending and gives your lawyer a chance to challenge the stop and the chemical test. It is a separate proceeding from the court case.
Will I go to jail for a first DUI in San Francisco?
Almost never. A first-offense DUI in San Francisco rarely results in actual jail time; the standard outcome is probation, fines, DUI school, and license consequences. Many first offenses are also reduced to a wet reckless.
Do I need a lawyer before my first court date?
It helps significantly. A lawyer can request the DMV hearing, demand the evidence, and begin attacking the stop and the chemical test before arraignment — when the most options are still on the table.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com