What to do after a DUI arrest
Request the DMV hearing within 10 days
Officers usually take your license and give you a temporary license and suspension notice that lasts 30 days. The hearing must be requested within 10 days of the arrest, and your lawyer can do it for you.
Keep every document
Photograph the suspension notice, release papers, and citation. They show your court date and courthouse. If your car was towed, keep the receipt too.
Write down what happened while you remember
What you drank, how much, when you drove, where you were stopped, which tests you took, and whether it was breath or blood. This is for your lawyer only. Do not send it to anyone else.
Do not miss your first court date
In most misdemeanor DUI cases a lawyer can appear for you, but you need to retain one before the hearing. If no one appears, the court may issue a bench warrant.
Visa holders: hold off on international travel
After a DUI arrest, the State Department may revoke your visa. You can usually remain in the U.S. in status, but you would need a new visa to return after you leave. Ask a lawyer before you travel.
Two cases at once, and what can happen
The outcome depends on your blood alcohol level, whether there was a crash or injury, any prior record, and the court. This is the general picture, not a prediction for your case.
The criminal case in court
DUI is usually charged under Vehicle Code 23152: subsection (a) for driving under the influence and (b) for a blood alcohol level of 0.08% or more, often together. A DUI causing injury falls under VC 23153 and can be a felony.
The DMV license case
This is a separate administrative process with its own result. The DMV can suspend your license before the court case is decided. At the hearing we can challenge the stop and the testing procedure.
A first DUI is usually a misdemeanor
A conviction still creates a criminal record and can affect visas, green cards, and naturalization. A new DUI within ten years carries heavier penalties.
Fines, probation, and DUI school
Typical terms include fines plus penalty assessments, several years of probation, and a court-ordered DUI education program whose length depends on your blood alcohol level and other factors.
Suspension, restricted licenses, and an IID
Both the DMV and the court can restrict your license. Sometimes you can get a restricted license for work, or keep driving with an ignition interlock device installed.
Test refusals, drivers under 21, and commercial drivers
Refusing a breath or blood test after arrest means a longer suspension. Drivers under 21 face suspension at 0.01% BAC, and commercial drivers at 0.04%.
How we help
The DMV and court deadlines run on their own clocks. The sooner you call, the more we can do.
- Request and handle the DMV hearing：We request the hearing within the 10-day window, obtain the police report and test records, and challenge the stop, the testing procedure, and the device records.
- Review the evidence：Was there a lawful reason for the stop? Were the field sobriety, breath, or blood tests done correctly? Are the calibration and maintenance records complete?
- Negotiate with the prosecutor：Where the evidence has problems, we push for a reduced charge or a lighter outcome, such as a wet reckless. Whether that is possible depends on the case, and we do not promise results.
- Appear in court for you：In most misdemeanor DUI cases your lawyer can appear for you under Penal Code 977. If the court requires you in person, we tell you in advance.
- DUI school, SR-22, and getting your license back：We tell you which program to complete, when to file the SR-22, and how to apply for a restricted license, so a missed step does not lead to another suspension.
- Immigration review：If you hold a visa or green card or have an immigration case pending, you can have one of Lingtu's immigration lawyers assess how a DUI conviction would affect your visa, green card, or citizenship before any plea.
How a DUI can affect immigration status
Visa holders
F-1, H-1B, and other visa holders may have their visa revoked after a DUI arrest. You would need a new visa after leaving the U.S., and the consulate may require a medical exam first.
Green cards and naturalization
A first DUI without aggravating factors is generally not treated as a crime involving moral turpitude, but the N-400 asks about every arrest. Multiple DUIs, or applying while on probation, can lead USCIS to find a lack of good moral character.
Aggravating factors raise the stakes
A DUI with injury, or while knowingly driving on a suspended or revoked license, carries more serious consequences and may be treated as a crime involving moral turpitude or charged as a felony.
DACA
DACA treats a DUI as a significant misdemeanor. One conviction can affect renewal.
Check the immigration impact before any plea
Lingtu has its own immigration lawyers, and you can have one review the plea before you enter it. See immigration consequences of criminal cases for more.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
Pulled Over After Dinner With Alcohol Slightly Over the Limit. Kept the Work License First, Then Negotiated With Dashcam Evidence to a Plea to Reckless Driving
Driver's license kept · Plea reduced to reckless driving after alcohol
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
DUI FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
