The DUI Process in California

After a traffic stop, field sobriety tests, and a preliminary breath test, you'll be placed under arrest, transported to the county jail, and booked. You'll be asked to submit to a chemical test — breath or blood. Refusing carries automatic penalties separate from the DUI charge itself.

• You have the right to remain silent. Use it — politely decline to answer questions beyond identifying yourself.
• You will be released on your own recognizance or after posting bail, typically within hours.
• Your driver's license may be confiscated and replaced with a temporary 30-day permit.

This is the most time-sensitive step in the entire process. You have exactly 10 calendar days from the date of arrest to request a DMV Administrative Per Se (APS) hearing. Miss this window and your license is automatically suspended — no hearing, no appeal.

• The DMV hearing is entirely separate from your criminal case. Winning one does not affect the other.
• An attorney can request the hearing on your behalf and represent you throughout.
• Requesting the hearing also delays the automatic suspension while the hearing is pending.

The DMV hearing is an administrative proceeding — not a court case — conducted by a DMV hearing officer. The sole question is whether your license should be suspended. Evidence is reviewed, witnesses may testify, and your attorney can challenge the stop, the testing procedures, and the officer's conduct.

• The burden of proof is lower than in criminal court, but there are real defenses available.
• If you win, your license is not suspended through the DMV process.
• If you lose, you may be eligible for a restricted license or an Ignition Interlock Device (IID) program.

Your arraignment is your first appearance in Santa Cruz County Superior Court. The charges are formally read, and you enter a plea — not guilty, guilty, or no contest. In virtually every case, the right move is to plead not guilty at arraignment, preserving all your options.

• An attorney can often appear at arraignment on your behalf, so you don't have to miss work.
• Bail conditions may be set or modified at this hearing.
• The arraignment is not the time to resolve your case — it's the starting point.

This is where most of the real work happens. Your attorney reviews the evidence — police reports, dashcam footage, breath or blood test records, officer training files — and identifies weaknesses in the prosecution's case. Motions may be filed to suppress evidence. Negotiations with the prosecutor may result in reduced charges or a favorable plea agreement.

• Many DUI cases are resolved at this stage without going to trial.
• A motion to suppress can exclude evidence obtained through an unlawful stop or improper testing.
• Reduced charges — such as a 'wet reckless' — can significantly limit the long-term consequences.

If the case doesn't resolve through negotiation, it proceeds to trial — either a bench trial (judge only) or a jury trial. The prosecution must prove guilt beyond a reasonable doubt. Lars Shallberg has tried DUI cases in Santa Cruz County courts for over 35 years and knows how to present a compelling defense.

• Most DUI cases in Santa Cruz County resolve before trial through negotiation or dismissal.
• If convicted, sentencing follows — fines, probation, DUI school, and potentially jail time.
• After completing probation, many first-offense DUIs are eligible for expungement.