Arrested for DUI in California? The Court Case and the 10-Day DMV Clock

A DUI arrest in California is stressful and fast-moving. What surprises many people is that an arrest actually starts two separate cases — and one of them has a very short deadline. This is general information, not legal advice about your situation.

Two cases, two tracks

The court case under Vehicle Code section 23152 — usually charged as 23152(a) (driving under the influence) and 23152(b) (driving with a blood-alcohol concentration of 0.08% or higher).
The DMV case — an administrative action against your driver’s license that runs independently of the court.

The 10-day DMV deadline

This is the one people miss. After a DUI arrest you generally have only 10 calendar days to request a DMV hearing (the "Administrative Per Se" hearing). If you don’t, the DMV can automatically suspend your license about 30 days after the arrest — regardless of what happens in court. Requesting the hearing in time can also let you keep driving while it is pending.

How the charge works

You can be charged based on a blood-alcohol concentration of 0.08% or higher, or on evidence of impairment. Penalties escalate sharply with prior offenses within the lookback period, so a second or third charge is far more serious than a first.

Things that often matter

Whether the stop and arrest followed proper procedure.
How any breath or blood test was administered.
Whether options like a restricted license or DUI program apply.

Why speed matters

With a 10-day fuse on the DMV side and a separate court case unfolding, getting advice quickly can protect both your record and your ability to drive. The right approach is very fact-specific.